Aug
22
Would you take a friend to small claims court if he/she owes you money?
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while trying to avoid a repossession until I got the money to pay, I switched cars with a friend. We understood each of us would be responsible for the others car. Well, as my luck would have it, she ran my car into a light pole, damaging the front end. Because she was driving my car, my insurance would not cover the damages.
She made arrangements to get my car repaired at a “shade tree” body shop/mechanic and shortly thereafter, she took her car from me leaving me without a vehicle. The quote was unusually cheap and now I see why—the work he did was crap and now will have to be redone. My ex-friend now refuses to pay up and says that she should not have done me a favor in the first place and that I “used her”.
Should I take her to court to recover the money that I will have to spend on getting the repairs done right? Do I even have a case? Am I ultimately responsible for switching cars with her in the first place?
Any advice?
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4 Comments
January 3rd, 2010 at 3:36 am
I would if needed. Sueing my own parents because they ripped me off for over $30 thousand.
January 4th, 2010 at 5:10 am
That’s some friend you had there. However, I don’t think you have a case. The repairs may have been shoddy, but you get what you pay for. You should have insisted on having the repairs done at a reputable repair shop. Ultimately, I believe the responsibility for what has happened falls on the you for making several poor decisions in a row. This should be filed under “live and learn.”
January 5th, 2010 at 9:43 am
She damaged your car and was responsible for that damage - if the repairs were substandard then she should pay to have it done properly HOWEVER given that you had swapped cars in order to avoid a debt that was properly due, it’s unlikely a court will have much sympathy…..she’ll no doubt say why you had swapped cars. If i were you i would certainly threaten her with court - that might be enough to have her pay up - if she doesn’t, you should talk to an attorney about your chances of actually getting a judgement against her. Some friend!
January 7th, 2010 at 7:32 pm
Let he who seeks equity do equity or so goes the old legal maxim. Perhaps more pointedly, let it be said once again that there is no honor among thieves. What was all this ‘trying to avoid a repossession’ about anyway?
You aren’t seriously thinking of opening yourself to a criminal fraud charge for deliberately concealing assets from a creditor in order to get ‘friend’ to pay for the life lesson she so generously gave you?
… Thank you so much for sharing such an amusing fact pattern! Send it to the good people who write the Earl show, which deals comically with the law of karma. They must have cut their teeth on this stuff.