would i win this small claims court?

by admin on March 5, 2011

Please answer if you actually know what you’re saying and not just saying it because you think you are right.

2 months ago, a "friend" of mine crashed my car. He payed for PART of the car being fixed and i pulled the rest out of my pocket. We later came to an agreement that he was going to pay my mom back for the towing fee (6) by paying 5 a month for three months. I asked him to come by the next day and sign a document stating our agreement and he said that he would. the next day, he never showed up and decided to ignore all my calls. Today was supposed to be the day of the first payment and after ignoring all my calls and texts for the last week, i got a hold of him through a number he didn’t know was mine. We talked and he ended up telling me that he had no money and that he had to "pay bills". He has a job and doesn’t pay for child support, car insurance, his cell phone and is staying with family FOR FREE.

i just want to know if i would win or not since i don’t have a written agreement from him but i have a witness who was there during our conversation of him agreeing to pay. I also have the pictures of the damaged car and the towing ticket and information from the cop who towed the car. I really just don’t want to go through the hassle of court if i am going to lose this case.
to the idiots down below, sorry i didn’t use WE. MY BAD. but honestly, don’t you think i would go to court WITH my mom? it’s not like it’s only one person allowed in court.


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    { 2 comments… read them below or add one }

    peterpan March 5, 2011 at 1:56 pm

    the person who responded to your question previously is not an idiot.

    yes, you can go to court with your mother, but only one person can file the suit. that would have to be your mother if you are underage. so it would be your mother who sued your friend. So Steve-O was correct in saying that your mother would have to sue him, unless you are not underage.

    unless of course you are not underage, in which case you will have to file the suit because the contract was made with you, not your mother (even though she paid the bill).

    nobody can guarantee whether or not you will win before you go to court. in theory, you SHOULD win, because a verbal agreement is still a contract. so the odds of winning would certainly be in your favour.

    one thing that you need to consider is that even though you don’t need a lawyer for small claims, you still have to pay a fee to file – and that fee is going to be nearly as large as the towing fee. if you win, then the judge can make your ”friend” pay your court fee also, but if you lose then you are just going to end up even more out of pocket.

    what i would do before you sue in small claims, is tell your ”friend” that you are planning to sue in small claims, and that when you win he will have to pay his legal cost, your legal cost, AND the fee, so he would be better off paying up now. hopefully he does.

    if not, file and look up contract formation, you should have no problem pleading your own case

    Steve-o March 5, 2011 at 1:56 pm

    your mom would have to sue him…

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