My husband purchased a motorcycle from a friend/coworker a year and half ago.He did not have it changed to his name/have it refinanced just paid the note on it.The deal was after he paid off the motorcycle that the guy would give him the title(employer at credit union witnessed this).He had gone to the credit union that they both use, had a certain amount deducted directly from his paycheck and that amount was paid directly on the motorcycle note through the credit union.Man decided he wants motorcycle back.He takes bike back even after spouse paid over 7746.00+1500.00 down towards the note on the motorcycle.With only having the copy from the credit union showing where it came out paycheck and paid on acc,and paid insurance on it,do we have legal right to take to court and get money back?
You can sue for this; all contracts are not in writing, however they are harder to prove in court. Having some evidence--receipts of payment, emails, texts, etc. will serve you well. There are various theories that you can sue under to try to recover your money. The amount of money your husband is out warrants the consultation of a lawyer --an hour or two should be very helpful to your husband. I wish you the best.
Answer given for general advice and is not a legal opinion, which would require an analysis of the facts and circumstances as well as the applicable law and regulations.
Contracts / Agreements Lawyer
In general, there is no requirement that a contract be in writing. Thus, oral contracts can most certainly be binding. One important difference between oral and written contracts is the statute of limitations that creates deadlines for filing lawsuits concerning the contract. You will want to speak with an attorney in your area to ensure you meet the deadline to file your lawsuit.
Additionally, while oral agreements are binding, they are harder to prove. You must first prove that the contract existed THEN prove that the contracts was breached. To prove an oral agreement it’s important to keep everything documented. All receipts, text messages, voice mails, emails, ANY and ALL communications between you and the seller – all of this serves as evidence to the existence of the contract and its terms. Going forward you should have all communication in writing in order to keep the paper trail going while you file your lawsuit.
All communications are provided for general informational purposes only, may not be applicable to your specific set of facts, and do not constitute legal advice or a legal opinion, or form an attorney-client relationship. You should not act or rely on any information provided through this website or the Internet in general without first obtaining legal advice from an attorney specifically hired to represent you on a given matter.