About David K. Staub Expertise I am a business and tax attorney and have spent more than 30 years assisting people with contracts in a wide variety of business situations. I can answer questions about basic contract issues. My experience includes almost all common contracts including employment agreements, contracts for the purchase and sale of a business, shareholder agreements, partnership agreements, LLC operating agreements, leases, software development agreements, distribution agreements, franchise agreements, joint venture agreements and software license agreements, to name a few. I can also direct people to sources for answers to specific legal questions which cannot be answered in a forum of this nature.
Experience
Experience in the area I have been an Illinois business attorney for almost 30 years. I have an extensive practice in the mergers and acquisitions area and have been involved in the tax and legal issues on hundreds of business transactions.
Organizations Illinois State Bar Association;
Chicago Bar Association (former Chairman of the Corporation & Business Law Committee and former Chairman of the Mergers and Acquisitions Subcommittee; former Executive Committee member, Federal Tax Committee and Chairman of subcommittee on general tax issues); Glenkirk Foundation (Trustee; Vice-Chairman/Strategic Planning); Association for Corporate Growth, Chicago Chapter; Midwest Entrepreneur Forum; Midwest Association of Alpha Delta Phi - President
Publications Commerce Magazine; YLS Journal; ISBA Section of Taxation Newsletter
Education/Credentials Harvard Law School, J.D., 1977; University of Illinois, B.S. in Accounting, with highest honors, 1974
Disclaimer Responses are intended to be informational only. No response is intended to constitute legal advice or create an attorney-client relationship. Online advice is not a substitute for consultation with an attorney.
Question I bought a car and know longer wanted it anymore so my friend said that she
will take over the payments, wer didnt make anything out on paper,
everything was verbal. She said she will take over the payment for the next 7
months and now she backed out and wont pay for it and I am stuck with a car
I cannot pay for. I dont have the title because the bank owns it, And now
where I bought the car from they want to take me to court because my name
is the one written on the contract with them. My question is can I take my
friend to a small claims court for a verbal agreement thart she backed out of?
Answer You seem to have have an uphill battle.
Not only do you have to overcome the fact that there is no written agreement (unless your friend agrees in open court with everything you say) but you also have to show the amount of your damages. You still have the car, so your damages are not necessarily the amount of the payment.
Neither your bank nor the dealer cares what your friend says or does - you bought the car and you are on the hook.
I doubt that small claims court will solve many of your problems.
