If I wrote a check to an auto repair shop to help a friend fix his car but ow he’s not paying me, how can I get it back?

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If I wrote a check to an auto repair shop to help a friend fix his car but ow he’s not paying me, how can I get it back?

I loaned someone money to get their car fixed by me actually writing the check to the auto repair shop. I did this with the verbal agreement that he would pay me back within a few weeks. It has been nearly a year and he hasn’t paid back anything yet. When I do manage to reach him on the phone, he gives me a hard-luck story and promises to start paying within a couple weeks. I do know the vehicle license plate and VIN number because I have the receipt from the repair. Is there anything I can do? Put a lien on the vehicle? Other?

Asked on April 19, 2012 under Bankruptcy Law, Minnesota

Answers:

Madan Ahluwalia / Ahluwalia Law P. C.

Answered 9 years ago | Contributor

You will have to sue your friend in small claims court, and you can represent yourself.  I don't know about Ohio, but in Calfornia you can sue on an oral contract two years from the date you made the agreement. Check your records to see if you have any written evidence of his end of the deal, and find any witnesses who heard him agree to pay you back for helping him pay for his vehicle's maintenance. Be sure to take your receipt with you. Good luck!


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