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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 2849
Experience:  30 years of experience
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I sold my vehicle to a man for $4000 and he said that in

Customer Question

I sold my vehicle to a man for $4000 and he said that in order for him to avoid sales tax for me to do this as an act of donation. This very same person owes my landlord a lot of money to help pay this person's legal fees ( This person went to jail anyway) He is a con man and I want to know if I can get restitution in small claims court
Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

You can bring an action against him for breaching your oral agreement. To do so you will have to file and serve a summons and complaint against him. The local court should have the forms that you need. You will have to pay the filing fee as well as the cost of Service. These costs will be awarded back to you if you win.

BUT you need to be aware that even if you get a judgment against him, that does not mean that you will get the money from him. If he refuses to pay the judgement you have to have the sheriff seize his personal property to sell. If he has nothing of value and hides his money, then you may never be able to collect on the judgment.

So you need to consider, before spending your time and money in Court whether you will be able to fin any of his money or property for the Sheriff to seize.

Please review the following resources that have materials that will help you with this if you decide to take him to court:

http://www.nolo.com/legal-encyclopedia/louisiana-small-claims-court-31722.html

https://brgov.com/dept/citycourt/pdf/SmallClaims.pdf

http://www.lasc.org/rules/supreme.asp

I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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