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Dispute regarding a bill of sale

Great Falls, MT |

I bought some items off of ebay for a friend over the last few months. He agreed to pay me back for these items except for 1 item that we agreed he could keep as a gift, a playstation 3 console with 3 controllers. At first, he began paying me back small amounts of what he owed me but stopped. Because of the large amount of money involved, I told him if he didn't pay me back the rest of the money, I would file a complaint against him and begin the process of a civil suit. He asked me to sign a bill of sale saying the items I gave him for free just in case it came to that point. I told him that was fine. He wrote on the piece of paper many more items than just the playstation 3 with the controllers. I copied his statement but l left off the other items except for the playstation 3 and signed. He now claims to the police who interviewed him after I filed a complaint that was actually for all of the items on that list even though I only agreed in writing the playstation 3 with the controllers was a gift and told the officer that. Do I have any rights here or did he just void any chance I had of getting my money back?

Attorney Answers 1


This sounds like a pretty fact intensive dispute. If you were to file a civil claim against him and proceed to trial, you'd have a chance to tell the judge your side of the story and offer an explanation for the bill of sale. Your friend would have the same opportunity, and at the end the judge would make a decision based on who he found more credible. The issues with the bill of sale would not preclude you from winning a civil suit - but it should be addressed with the judge.

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