Legal Question in Real Estate Law in Ohio
Should I file small claims court for this issue?
A friend of ours knew I was looking for a car. He had a 91 Grand Prix to sell. Two weeks ago we went to look at it (feb 3rd). He didnt have a battery in it so he took one of our his truck. We started it and it started fine. Shut it off, and it wouldnt restart again (truck battery was low). Went to Wal Mart the next day and bought a battery. Figured if i decided to not buy this car that we could use it for our other car.
Took the new battery up the following day, car started fine, we test drove it and decided I wanted it. The guy with the car came the following day and I gave him the $800 for the car and we went and got the title done. He told them at the title bureau that it was a gift...no mention of the $800. Got the title done and went and got tags ((feb 5th). went back up to the car put the tags on, and the car wouldnt start. He went down and got the neighbor and the neighbor had no clue what was wrong with it. The neighbor heard him offer me my money back.
two weeks have gone by and he avoided my phone calls, wouldnt answer his door when we went there. 2 days ago I found him at the moose (feb 17th). Basically argued with me. When I told him I wanted my money back, he said he never offered my money back, and that the witness (the neighbor) is a liar and that he never offered my money back. I threatned to take him to small claims court and he said that since hes on disability that I would never get anything from him or be able to take him to court.
Here it is 2 weeks later and I am still without money or a running vehicle ( the car is still sitting in his driveway).
Is there anything legal I can do? I cant afford to throw $800 down the drain.
1 Answer from Attorneys
Yes, anyone can sue in small claims court by just paying the filing fee and submitting your complaint in writing. Disability is no defense to a contract claim. But you might want to try mediation first to see if it can be settled out of court. Check the Internet or your local phone book for a community mediation service in your area.