Legal Question in Civil Litigation in New York

Verbal Agreement - small claims court

I purchased a dog with my ex-boyfriend. After we made the deposit of $75 I told him that I could not afford it and did not want to do it. He said that he would buy the dog then, and that it would be ours. However, he did not have a line of credit, so we put it on my credit. Since we broke up, he took possession of the dog and sold it without telling me. Due to the fact that he is out of work, I had to pay the debt of $600 so my credit would not be ruined. He offered to pay me back in amounts of $50 a month. However, he has not been making payments. I mailed him a contract for him to sign making him responsible for paying me back, and he has not responded and will not answer calls. I want to bring him to small claims court, but was not sure if it would be worth it. I also was not sure how good of a case, or argument that I had. Could you please give me some idea as to what my options are? Or am I just out of the $600.

Thanks

NY


Asked on 4/19/04, 11:34 pm

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

Re: Verbal Agreement - small claims court

Based on the facts you related, you have a good claim for the $600 price of the dog. Your claim would be for restitution of the money you paid and for the money he got when he sold the dog (though you will not make money on this process, just be made whole). However, you are faced with the prospect of extracting blood from a stone unless you can convince the producers of Judge Judy that you are telegenic enough to warrant their putting you and the XBF on the air. The law can only go so far, and the best defense to a lawsuit is the oft-repeated refrain "no dinero."

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Answered on 4/20/04, 8:37 am


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