Legal Question in Civil Litigation in Florida

Money lent for purchase a used car from a deealer to a friend who says purchase was a gift. Refuses to pay. How can I collect the debt. I do not have any documents except I paid with my credit cards to the car dealer?


Asked on 12/31/09, 12:15 pm

3 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

Without anything in writing between you and your friend, it will be one person's word against another's. A judge may consider who is more credible, the nature of your relationship, and other evidence (such as emails between you). You would need to file in small claims court in the county where the loan/gift took place and let a judge decide.

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Answered on 1/05/10, 12:23 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

You will need to sue and hope that the judge believes you and not your "friend."

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Answered on 1/05/10, 1:19 pm
Lesly Longa Longa Law P.A.

You can sue, but without a written agreement it will be your word against your friends. The judge will decide. The credit card statements are proof that you paid the dealer. Where you file your suit will depend on the amount involved. Small claims is for $5,000 or less. Check your local clerk of court's website for more information or consult with an attorney. Regards,

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Answered on 1/06/10, 7:19 am


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