Legal Question in Civil Litigation in Oregon

My son and a friend enter a verbal agreement that his friend would by a dirtbike in his name and my son was to make payments. My son lost his job so he went to his friend and said he could no longer make the payments. They then verbally agreeed my son would return the bike and be free and clear of his debt, this was apx. 3 years ago. Since then his friend has sold the bike and continues to threaten to take my son to court unless he pays him $1400, this is in addition to the payments he made apx. $2000.00 and giving the bike bike. I told my son to tell him to take a hike but I wanted to know if in fact he could take him to court and win?


Asked on 3/19/10, 6:26 pm

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

The problem with any lawsuit about the bike is proof. How is your son's friend going to prove that your son agreed to pay for the bike? Well, he can show the checks that your son gave him. How can he prove that your son agreed to continue to pay him, after your son returned the bike? Does he have reliable, unbiased witnesses to this second "verbal agreement"? The friend will have a tough time proving that your son owes him money, but the jury could believe him and could find that your son does owe him money. But it will cost the friend far more than $1400 to sue your son, except in small claims court, where all decisions are made by a judge without a jury. So it would be up to the judge to hear both sides and decide who is telling the truth.

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Answered on 3/25/10, 2:05 am


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