Q: Was lied to about replaced transmission condition in used car sale and have proof. Would I win in small claims court?
Basically, I bought a used car from a friend. He specifically told me multiple times over FB messenger/text that the transmission he had put in was new. I asked, brand new? And he said yes, it's new. Only to find out after I purchased the car he would not give me the paperwork from the transmission shop. I gave him three months to provide this paperwork until I had enough and called the shop myself, suspecting he was lying to me. He was trying to string me along the whole time.
Turns out the transmission was used, not brand new as stated. I asked him about this and now he has blocked my phone numbers and on Facebook. Not sure if small claims court would be worth my time. The trans shop cannot give me the paperwork because it's in his name but they told me it was definitely a used transmission. I'm afraid he'll just lie in court though, because I don't have access to any of this paperwork. I have all our text conversations documented. Do I have a chance in small claims?
A: Attorneys are not likely to tell you your "chances" based on the information you provided since it's only one side of the story. You probably do have enough to file a lawsuit against your friend, but whether you win or not depends in large part on your credibility in front of the judge versus your friend's credibility. Who will the judge (or jury) believe? That's what it will probably come down to unless you have a document (text message, email) written by the friend that states in clear terms the transmission is brand new. The other wrinkle here is whether the friend understood "new" to also mean "rebuilt," which is often the case with transmissions in used vehicles. Good luck!
Tim Akpinar agrees with this answer
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