Legal Question in Credit and Debt Law in New Mexico

Hi, my question is I sold my son my truck & four wheeler on promise & verbal agreement that he could pay what he could each month for 2 years & if he didnt have me paid off in that 2 years he would pay interest whatever state allowed. Reason I sold him my truck & 4-wheeler was because I moved from one state to another. He is 1 year past his deadline, can I still take this to court and can I file it in the state I live now? He lives in Kentucky & I am living in New Mexico now.


Asked on 4/23/10, 7:20 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

If there is to be litigation it must be in KY where the deal was made and concluded. Without documentation, you will have a difficult if not an impossible time in proving your claim. This is what we call a "he-said, she-said," and that will get you a zero in the law. You must have the competent majority evidence [a preponderance of the evidence] to win, and without paperwork winning will be difficult if not impossible.

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Answered on 5/01/10, 9:47 am


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