Legal Question in Civil Litigation in Florida

My boyfriend lived with me for close to a year, rent free. In that year I purchased a car for him as well as a brand new cell phone. We had an agreement that he would pay me back then he tore up the contract. Do I have a chance to win anything from him if I sue in small claims?

Asked on 10/08/13, 12:30 pm

3 Answers from Attorneys

John DeLancett Law Offices of John DeLancett, PL.

Do you have any witnesses that there was a contract? Was it payable within one year? If you can prove there was a written agreement through witnesses or your testimony or his, you might be able to establish the existence and terms of the written agreement. If not, you can sue him on an oral contract, but you might have a problem with the statute of frauds which requires certain kinds of agreements to be in writing.

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Answered on 10/08/13, 12:37 pm

Barry Stein De Cardenas, Freixas, Stein & Zachary

You need to have some evidence of the terms of the agreement. I would assume he will lie and say that the items were gifts. you would need to be able to prove up the agreement. Do you have a copy or was the only one that existed ripped up? Did you save the torn up one? seek some legal help with whatever documents you do have.

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Answered on 10/08/13, 12:44 pm
Michael Tobin Michael M. Tobin, P.A.

Yes, if you can prove the contract.was signed by him. Did you title the car in his name? Why?

Even if you win a judgment do you think he has the money to pay?

Lesson learned. Use better judgment in the strays you befriend. No home, no car, no cell phone, probably no job. Move on.and don't prolong the agony. I hope he looked good in the shower.

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Answered on 10/08/13, 1:17 pm

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