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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33394
Experience:  Began practicing law in 1992
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Im in need of advice. I bought a truck for a friend to use

Customer Question

Hello. Im in need of advice.
I bought a truck for a friend to use for work on the verbal agreement he would make the payments. He is not and he wont give me the truck back. The cops say i cant charge him with theft. Was suggested i go to small claims court. I have text message proof of him acknowledging our agreement. Can i take him to small cliams for the return of the truck and the money that is owed on it
Submitted: 11 months ago.
Category: Legal
Expert:  Dwayne B. replied 11 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Most small claims court will award you a monetary judgment but they will not grant a "turnover order" which is what you are asking for when you ask the court to tell him to give the truck to you. To get one of those you have to go to a higher court.

You can hire an attorney to assist you and you can recover the amount of the attorney's fees as well since this is a breach of contract case.