I have a (now former) close family friend that has borrowed money from me in the past and tricked me into signing rather than cosigning on a loan for some tires and repairs on his personal/work truck. I have a feeling I will never see the 2600 that was loaned in the past again so I may have to write that off to experience. The repair and tire loan was last year for 1300 and change at a 59 percent interest rate. The first payment to me was on time in October. Since then the payments have been later and later...3 weeks late on average. The past two months they have failed to make a payment to me but the payment continues to be automatically withdrawn from my account every month. There has never been a message to me of needing more time to get a payment together. I only agreed to this loan to get them out of my house after they lost their own house and two weeks turned into over six months with no help on the bills. In fact they almost got me evicted because they wouldn't leave. These late and lack of payments are costing me late fees on my bills and over draft fees when my bills that are automatic go through my account.
No. You may not lien truck based on amount you paid to third party to repair the truck.
Yes. you may sue friend in small claims court based on failure to repay money loaned.
This would be difficult for you to take to an attorney as the amount involved is small. I suggest check the local court's website for filing a small claim case. That seems to be an economical option at this time.
Only see a licensed attorney before you make any decision. This answer may not be perfect in any given situation. However, more fact may be required by your local attorney.
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