Legal Question in Civil Litigation in New York

car loan to a friend

dont know what category my question falls into. my issue: bought a car in near perfect condition, lent car to friend as transport get to work since their car broke down. agreed verbally that they pay insurance and note while they use. friend lost job, has another that pays less and cannot afford to pay me and rent. also had to pay tickets because they could not afford to pay and also protect my name. car is in bad condition since they've used so I dont want to take back unless its repaired first. owes me a little over 5k for all expenses. going to goto written contract, unsure what legal action i can take if they refuse... can that be counted as my word vs. theirs? other than journal I kept for myself, dont know what I can use as evidence they've been using and messed it up. not ready to sue - yet - but what can I do for now vs period if I must take them to court?


Asked on 3/15/06, 9:22 pm

2 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: car loan to a friend

You can use your records, your friend would use his. Then it becomes a question of credibility. You may want to consider a small claims action if your friend balks at paying his debt, or at least a portion of it.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 3/16/06, 10:19 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: car loan to a friend

You need some kind of writing to 'prove' the contract. However, you don't need to prove the nature and extent of any agreement. it is enough that you gave the use of a car owned by you to him. he will likely be found to owe you the fair use and upkeep of the vehicle.

You must be mindful of the 'statute of limitations'. You must bring an action within one year of the date the dispute arose. once you get a judgment you will have 20 years to collect on it.

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Answered on 3/16/06, 12:08 pm


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