Vehicle Gift Dispute Resolution

Summary

In Michigan, if a vehicle was gifted and is in your name, you have a strong position. Gather evidence like messages confirming the gift. Respond to any lawsuit within 21 days to avoid default judgment. The vehicles condition can affect the case, so document any issues. Consult a local attorney for guidance.

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I live in michigan. No agreement was made, he does have proof of purchase. But also told me he bought me that car for my birthdat
In Michigan, the success of a lawsuit in this situation depends on the following points:
- Intent: If the car was intended as a gift, you generally have a stronger position.
- Proof of Purchase: Since the car is in your name, the proof of purchase strengthens your case.
Do you have any written communication or witnesses that can confirm the car was a gift?
I have direct messages from him stating that
Having direct messages confirming the car was a gift strengthens your position. In Michigan, the intent behind the purchase and any evidence supporting it as a gift are crucial.
Do you have any other evidence or witnesses that can support your claim further?
Our conversation consisted of him helping buy me a car and then said we would figure it out once I was back on my feet. And now the car has had some issues and isn’t driving. I got served papers and have 21 days to respond how do I respond
To respond to the lawsuit, you should file an "Answer" with the court. In your Answer, you should:
- Admit or deny each allegation made in the Complaint.
- Include any defenses you have (e.g., the car was a gift).
- Attach evidence such as direct messages showing it was a gift.
You may want to consult with a local attorney to ensure your response is properly drafted. Do you need help finding an attorney in Michigan?
If the car is in my name can the court take it from me if I dont show up
If you do not show up in court, the court may issue a default judgment against you. This could potentially include the repossession of the car, even though it is in your name. It's crucial to respond to the lawsuit within the given timeframe.
Would you like assistance in finding a local attorney in Michigan?
What about the vehicle being broken down and potentially not being of the same value
The condition of the vehicle can be a factor in your defense. You can argue that the car's depreciated value, due to its breakdown, makes it less valuable. This could potentially reduce any claim for damages against you.
Do you have any documentation or mechanic's reports showing the car's current condition?
No. We never test drove it or looked into the cars history and the vehicle had had an engine replaced due to a recall. So now it’s other issues due to that and we were unaware of it when car was purchased
Given your situation, it's important to gather as much evidence as possible to strengthen your defense. Here are some key points:
- Documentation of the vehicle's breakdown and current condition.
- Proof of the engine replacement and any related issues.
- Any communication indicating the vehicle was a gift.
Would you like help finding a local attorney in Michigan to assist with your defense?