Legal Question in Civil Litigation in Florida

Vebal agreement with daughter, witnessed by my husband, to sell her our car and she would make $200.00 a month payments until paid off. Title was put in her name because of insurance issues. She moved out, left no forwarding address, no phone number, etc. and has not paid the car off and took it with her. She left letter saying she would make payments but has not. She also took ledger belonging to me that showed how many payments she had made so far. Can we go to court and sue her civilly to get funds or car back?


Asked on 8/02/12, 12:58 pm

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

1. You can sue her. 2. If you dont know where she is you wont be able to serve her and the complaint wont proceed. 3. Your contract may violate the rule that an oral contract cannot be enforced unless it is able to be completed within one year. I assume the payments were to go on more than that. 4. This sounds like a matter which you really dont want to file the suit. It is a personal matter that you ought to try and resolve on a personal level.

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Answered on 8/02/12, 3:16 pm


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