Legal Question in Civil Litigation in Michigan
Husband took a lease out in his name for brother
My husband put a lease in his name for his brother a few years ago. The lease came due, he turned the car in, and now we are slapped with a $4400 bill for overmileage. The brother drove the car the entire time, signed for all repairs at the dealership, and even insured it under his name and address. Now he is ignoring my husband to pay the bill. Is there any way we could sue him in small claim or civil court about this (we live in Michigan)? His father said he would testify to the fact that he ''owned'' the car throughout the duration of the lease and was the sole driver of the vehicle. I told my husband to send him an email or text to get him to acknowledge the payment so we can save it for court. I want to know if we can sue him or do we not have a case? My husband and I cannot afford to pay this bill!
2 Answers from Attorneys
Re: Husband took a lease out in his name for brother
You husband should work out a payment arrangement with the dealership and sue his brother in CIRCUIT court because the value of his claim exceeds the district court limit of $3000. The filing fee for a circuit court complaint is $150.00, but you can ask the court for that money back in your arguments to the court.
This is a contract issue. Normally contracts for the sale of goods over $500.00 need to be in writing. But your argument will be that the brother purchased the vehicle from your husband as evidenced by his accepting the car, making payments, and driving it around exerting ownership and control. The court should estop (or bar) him from denying this debt.
Re: Husband took a lease out in his name for brother
I should have said file your complaint in DISTRICT not circuit court. Circuit court is for claims over $25,000. You want regular District Court and not small claims court.
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