Legal Question in Appeals and Writs in Missouri

Trial de novo

11/06, my nephew tried to purchase an auto(SUV) with a $3000.00 down payment. He was denied because of his credit. I then signed for the SUV in my name only. My nephew took possession of the SUV. Our oral agreement was that he pay the sales tax, get full coverage insurance, and make payments. He made 1 payment. let the insurance be cancelled, and did not pay the sales tax .He also put 6000 miles on the auto. I brought everything current and took the SUV from him. My nephew sued me in small claims court and won because I did not defend my self and did not ask for any money. I have filed a Trial de novo asking for $6000.00 for the money that I had to spend and the wear and tear on the SUV. Please advise me on my defense.


Asked on 2/02/08, 10:37 am

1 Answer from Attorneys
Anthony Smith LawSmith

Re: Trial de novo

You need to present evidence of your oral agreement. If anyone else knew about the agreement, you should bring them to testify. If they are reluctant, you may subpeona them to appear. This witness may be a realtive of both of you. This may cause your nephew to rethink his position.

You may also need to file a counterclaim. Now that you are in a higher court, you amd your nephew are held to a higher standard, as to the formalities of presenting your case. You may want to employ an attorney to handle your case. The cost should be much less than the amount of money that you have at risk.

Good Luck

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Answered on 2/03/08, 3:54 pm


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