Celina, OH asked in Contracts and Small Claims for Ohio

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.

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1 Lawyer Answer
Joseph Jaap
Joseph Jaap
  • Cincinnati, OH
  • Licensed in Ohio

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.

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