How canI get $2000 from a person that owes me from an auto loan?

UPDATED: Jan 26, 2012

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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


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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