I bought a truck with my credit for a boyfriend, he agreed to make all payments and the downpayment. He has now left me and the truck behind after three months and wants to sue me for the downpayment and the two payments he made...
I have handled the loan situation and avoided repossession, but am about 6k in the hole from the deal.
Haven't I paid enough? Should I really be afraid of a law suit??
2007-07-07 15:41:55 · 14 answers · asked by emaaaazing! 4 in Politics & Government ➔ Law & Ethics
He has no legal standing. He can file a civil action but I doubt any lawyer would take it so he would be on his own. If he did that, most judges would rule in your favor. Don't worry about him, he's just being a jackass and trying to give you a hard time. Some people are unable to deal with the end of a relationship and just want to hurt the other person. That's what he is doing.
My suggestion is that you send him a letter, return receipt. In it tell him you are not going to pay him anything and to leave you alone. Further, require that all communication be in writing, state you will no longer talk to him by any other means. Be polite and professional, keep everything on that level with no personal remarks. If he continues to threaten you or harasses you, call the police every time then go to the district attorney and file a charge of harassment. Keep good records!
2007-07-07 15:57:18 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Who's name is the truck in? Yours, his, or both? Make sure you have documentation of any money that you have paid for the truck. Also, document all of the pertinent dates of when it was purchased, when he left, etc. That way if he does decide to sue you then you will have all your documented proof that you have paid $6,000 towards the vehicle. If he sues you, he has the legal burden of proving what he paid and why you should have to pay him back. So make sure you have everything documented so that you have yourself covered. And in the future never, ever, ever, ever, ever, buy something for someone on your credit just because their credit sucks. Their credit sucks for a reason. They don't pay their debts so why would paying you be any different! Good luck!
2007-07-07 22:50:55 · answer #2 · answered by Michelle S 3 · 0⤊ 0⤋
I'm not a lawyer, but I don't think he would win this case. First of all, it would probably be a small claims case, which have a limited recovery ($3000, $5000, $7000 depending on the state). Small claims cases are self-represented. Neither party can bring a lawyer.
Second, I don't see how he can revise that original agreement without your consent just because he wants out. If you have a written contract for the original terms, or can get him to agree in writing that those were the original terms, I think you would have a strong case.
2007-07-07 23:04:16 · answer #3 · answered by The Phlebob 7 · 0⤊ 0⤋
Learn a lesson - do not buy cars for significant others either with your credit or with your own money.
I wouldn't worry about a lawsuit because his payments are part of the truck's equity - you need to check the laws of your state when it comes to dividing property among unmarried people - but your boyfriend is blowing hot air and probably has no standing to sue you.
2007-07-07 22:46:31 · answer #4 · answered by Anonymous · 0⤊ 0⤋
The guy sounds like a real jerk.Don't worry about legal action,he wouldn't have a leg to stand on.You were doing him a favour so why should you be out of pocket.If you sold the truck to recover your costs you would find that you are the loser financially as it would be worth a lot less than when it was purchased.
2007-07-07 22:56:38 · answer #5 · answered by Charlotte's Dad 5 · 0⤊ 0⤋
next time, get this part of the deal on paper.
as far as the rest, he CAN sue you if he can prove (or lie) that HE loaned you money and if YOU CAN NOT prove that it was his responsibility to pay the vehicle.
you should've had this on paper that he would take over paymennts because he can very well make up a story that you were the one in need of money so he loaned it to you.
** realize this: in this country deals are NOT made with a hand shake!.. with no written documentations, you have nothing!**
2007-07-07 22:48:40 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I assume the truck is in your name. Your boyfriend can not sure you. I just don't see how he can. However if the truck is in your name (or if you co signed) you are responsible for the payments. If you don't make them your credit will suffer.
2007-07-07 22:46:36 · answer #7 · answered by Anonymous · 0⤊ 0⤋
he can sue you. but has no claim. The truck is in your name, so he's out the down and payments made. You are not liable. he'll lose in court and possibly be liable for your costs of appearing. (it'd have to be in small claims anyway) he's probably learned that and that's why he's pumping fear of a lawsuit. because he knows he'd have no chance.
2007-07-08 09:08:33 · answer #8 · answered by atoughlife2 3 · 0⤊ 0⤋
No, he used that during the relationship, and even if he didn't- it would be seen as a gift.
You can't sue for a gift or for paying for services/goods you used.
I'm no lawyer, but I think you're fine.
2007-07-07 22:46:47 · answer #9 · answered by Anonymous · 0⤊ 0⤋
if the truck is in your name, you might be liable for the money he paid, but not likely since he abandoned the truck. best though to consult a lawyer to be sure.
2007-07-07 22:52:30 · answer #10 · answered by richard b 6 · 0⤊ 0⤋