Q: I'm wondering about being able to sue someone (my brother) for money he owes me for car payments.
My brother had asked my husband and I if he could take over our car payment. We all came to an agreement and for almost a year the payments were made while my brother had the car. My brother asked us to take the car back in August of 2019. We had asked him if he could fix the damage on the front (it was a new car when he got it) and have it detailed because the inside of the car was very stained. We also pushed him to make sure the payments were current since he had the car. He agreed. He kept saying his bank was messing up the payments but had supposedly fixed it the day the car was picked up. On my way home with the car he reversed the payment which left me 3 months behind on the car. I had to hurry and pay before it got repoed and he agreed to pay me back since he did have the car during the time it was behind on payments and is now refusing to pay me back.
A: You could sue your brother in small claims court, but if you did not have a written contract, then he could deny he had any obligation to pay, and you probably would not succeed. Check your local court web site for the small claims process.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
