Taking a former friend to small claims court.

Question

About a year ago a friend badgered me into selling a 1996 Acura Integra to him. We agreed on $2500, and the night he took it he gave me $250. I have not seen a dime since, and repossesed the car twice. Initially he took out all the interior, lowered the car, cut body parts off, cut the exhuast off, and added a spoiler. Then he calls me and says the ECU is blown and its going to cost like 1500 to replace it at a performance shop. SO I called that shop and told them to lock down the car, turns out the ECU was fine and he was just having a lot of upgrades added, and wanted me to drop the price. I got fed up and took the car back, which got me a barrage of threatning phone calls, even one from his mom saying the car was paid in full and they were having me arrested for grand theft auto (which fell through because I never signed title). So the car sat at my house for a few months, before he showed up one day and took it again. Well, trying to be nice I offered to let him start paying on it again, and he screwed me again, getting into a high speed chase in another city. Then he begins badgering me for the title to the car, and I refused. I managed to get that all cleared up, but the police wouldn't let me press charges since I had taken the car back again. What my dilemna is now is the car will cost over $5,700 to get CLOSE to how it was before, the tax value on the car is $3,700, and we agreed to $2,500. If I take him to small claims I'm asking for the $5,700 to fix my car. Is it worth going to small claims with this guy? He is already in debt to his college, and he does contract work, so its next to impossible to garnish his wages. Every payment plan I've offered him has fallen through, and I would like to get this car gone, and I know it will sell high because of gas and its popularity. Advice?

Answer 1

The problem with small claims court is they can award you the settlement, but they dont really follow through with making people pay.  So you can go through the effort and cost of small claims court and still not get anything out of it.

Take it as a lesson learned, keep friends and relatives out of financial transactions....

Answer 2

This person is clearly not a real friend. A friend would not have done this to you. It shouldn't matter to you right now if he is already in debt or not. He ruined your car, and didn't pay you for it, therefore it is his responsibility. The only problem you might run into is whether or not you signed a contract with the amount of payments he had to make and selling price of the car(Bill of Sale). Without some proof, this case would be hard to win..  

Answer 3

Obviously he's also put some money into it, I say get rid of it once and for all....walk away and don't consider this person to be a friend again.

Answer 4

take him to court for 2500 minus the 250 he paid you.

add any incidental costs you have occurred.

once he pays, give him the car.

or sell it for what you can and sue for the difference minus 250 he paid you.