Truck was 98% paid in full by me. She took off property in the night and is now selling it, because the title is in her name, we are in Lexington, SC. Do I have a case? Any advice would be helpful
2006-08-26 02:57:53 · 13 answers · asked by cpfasullo 1 in Politics & Government ➔ Law Enforcement & Police
The holder of the title is the owner of the vehicle. In the future, make sure your name is on there. If it is jointly held, you should specify the word "AND" instead of "OR" between you. Using the word "AND" in the title normally requires both owners to agree before the car can be sold. Get an attorney's opinion. Good luck.
2006-08-26 03:04:24 · answer #1 · answered by Dave 5 · 0⤊ 0⤋
You can probably take her to small claims court for the amount you paid toward the truck, providing you have the receipts or proof and you speak well. You may be able to recover some of the money. You could also try discussing it - nicely - with her and see if you can't work something out so that you get the truck back and then immediately get it titled in your name. In the future do not pay for things that are not in your name without some sort of written agreement between both parties.
2006-08-26 03:08:37 · answer #2 · answered by Susan G 6 · 0⤊ 0⤋
If it is in her name it's her property doesn't matter who paid for it. I sell cars man sorry to say but yeah out of luck...but now if it isn't paid for in full and she doesn't know when to make the last payments try to have it repo'ed it will hurt her credit...but if you are on the loan too then don't. Unless your name is on the title as AND or AND/OR but if it is titled OR then she can sell it without you...especially if you aren't on the title...if it is paid in full now then that just sucks man. Other than that try talking to a lawyer if you can prove you made the majority of the payments.
2006-08-26 21:19:15 · answer #3 · answered by Skinny 4 · 0⤊ 0⤋
Why would you have the title in her name and make payments?? dumb, dumb, dumb... now go to small claims court and see if the judge will award you anything at all. Unless you had something in writing with her saying you actually owned it because of making the payments, your money, truck, and girlfriend are gone! Be smarter next time.
2006-08-26 03:50:02 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Take your ex-girlfriend to small claims court to sue her for all the money you put into the vehicle. I hope you have documentation that you actually made payments on the car. I hope you didn't pay cash. (If you did pay cash, do you have a receipt that is in your name and not hers). If you paid in check, please bring the cancelled checks to prove you actually made payments. I'm not sure who you bank with (that is if you paid by check) but you are able to get your cancelled checks online.
In future (I don't mean to sound patronizing or anything), never enter a verbal agreement with anyone (regarding loans and such). Especially not with a friend (in your case girlfriend). You need to put in writing and get it notarized.
Good luck.
2006-08-26 10:04:01 · answer #5 · answered by darkhunterfan65 3 · 0⤊ 0⤋
Sound like she had the credit and you had the cash! Sucks to be you but if it's in her name the only way is how long you lived together, which is considered married legally depending on the state you live.....She can possibly be forced to give you a percentage of the profit from your truck. sorry dude!
2006-08-26 03:12:01 · answer #6 · answered by tripledigit 2 · 0⤊ 0⤋
Unfortunately its in her name which means she has the right to do what she wants with it. If you have proof u made all or most of the payments (canceled checks, credit card statements, or receipts in your name) u maybe able to take her to court to get your money back, but if she sells in the meantime, theres nothing you Can do
2006-08-26 03:02:27 · answer #7 · answered by misstikal311 4 · 0⤊ 0⤋
Since it was in her name, then probably not. If you can prove that you've made all the payments, then I would seek an attorney. Steal it back and hide it until the issue is resolved. Who has insurance on it?
2006-08-26 03:00:14 · answer #8 · answered by pamela_d_99 5 · 0⤊ 0⤋
This happened to my sister and her ex. He got the car. She didn't fight to get payments back. I suggest that you consult an attorney with the receipts or canceled checks that you paid for the car.
2006-08-26 03:12:06 · answer #9 · answered by kny390 6 · 0⤊ 0⤋
I dont think so. You should not have made payments on the truck without it being in your name. :( Sorry.
2006-08-26 03:00:53 · answer #10 · answered by Alice S 2 · 0⤊ 0⤋