How canI get $2000 from a person that owes me from an auto loan?
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How canI get $2000 from a person that owes me from an auto loan?
My lifelong friend has owed me this money for buying her a car 2 years ago. I have yet to see any payment.
Asked on January 26, 2012 under Bankruptcy Law, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can sue your friend for breach of contract. Your damages (the amount you are seeking to recover in your lawsuit for breach of contract) would be the amount of the loan (principal) plus interest. You can file your lawsuit in Small Claims Court. Your damages should also include the court filing fee and process server fee.
If you entered into a contract with a lender to obtain the loan for your friend's car, this is a third party beneficiary contract with your friend being the third party beneficiary.
If you loaned your friend the money directly without any other party, then it is not a third party beneficiary contract, but is a contract between you and your friend and your friend is in breach of contract for failure to repay you. If the contract is not in writing, it may just be your word against hers if she denies the existence of the loan. If you have other evidence of the existence of the loan if it wasn't in writing, that will strengthen your case against her.
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