The agreement was that he would get the loan in his name. One year later it is still in my name and he is about to go into the Army, so I took the car back. I have given him plenty of time to get things taken care of. Now he said he is going to sue me for the money he paid on it. Can he do this??
2007-08-21 09:09:38 · 10 answers · asked by MBice2 2 in Politics & Government ➔ Law & Ethics
From your description, it appears that you allowed someone to have possession of your car for one year, and he would make the car payments on it, correct? If that is correct, then read on. If not, then please explain in detail what happened and what your agreement was.
If you and he had an agreement that he would use your car for one year, and he would make the payments, then I don't believe he would have much of a cause of action, although, I don't understand why you would unilaterally decide to take the car back. Is he current on the payments? If so, what made you decide that for some reason he won't be on the payments?
It appears to me that there was an agreement that you would sell the car to him, that he would make the car payments until he could get a loan, and then he did not do so, for whatever reason. He is in breach of the agreement, unless he is willing to get a loan immediately to take care of the remaining balance.
I take it from what you're telling us here that this agreement probably isn't in writing, either. Which will make it more difficult for either of you to enforce.
You might want to contact an attorney licensed in your state for more specific information, after a consultation in which you can relate all the relevant facts. For a referral to an attorney, contact your local or state bar association.
2007-08-21 09:20:35 · answer #1 · answered by Phil R 5 · 0⤊ 0⤋
Helloooo! that was not too bright of u to do that u should have done that with him in tow to the loan company when u all did all of this.
What agreement did u-n-him write up and agreement n-u-both signed it now that is a written agreement that u could take him to court over but if it was just verbal and u have no proof of this agreement except ur words against his than u do not have a leg to stand of lady because like u said the loan is in ur name and u are liable for it and after a year it is still ur fault as well becasue u should have done something than and not wait until the guy is heading into the Army,that is irresponsible on ur part.
And no he can not sue u for the money he paid on the car especially if it was in his possession and he was driving it as well this guy is going into the Army,he does not sound to bright I mean u both really made some stupid moves let him sue it will be thrown out of court and he will be in boot camp anyway and they r not going to let him come home to court for something stupid as this that u both did he is using a scare tactic on u to get back his money call his bluff and tell him to sue u because he will not win this in court he better worry about boot camp and beyond instead of some stupid suit to get his money back for a car he was driving for almost a year or more please u two get it together
2007-08-21 09:36:02 · answer #2 · answered by Anonymous · 0⤊ 0⤋
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2016-09-26 16:27:53 · answer #3 · answered by ? 3 · 0⤊ 0⤋
Depends on you'alls verbal agreement, which WILLhold up in court. Hopefully he doesnt have anything in writing, but if you told him he could take over payments then that usually means he is taking over until he pays it off, and he keeps the title and the car. It would be far fetched to convince a judge otherwise, I think you do owe him some money back. Why would anyone in their right mind take over a car payment they do not expect to own, he could have just rented one for cheaper i think..... Since he is going into the Army will he continue to make payments? If the car is paid off, lets say he paid $4000 in one year, you paid the other $4000 before and after he had it.... you both drove the car, and used it.... You sell the car for 5,000... I think he should get 2500, and you get 2500, only fair...... That's a Judge Judy thing, ...interesting
2007-08-21 09:23:29 · answer #4 · answered by Anonymous · 0⤊ 0⤋
he can sue, but he most likely won't win. he had the car and he paid for it. It's not like you had the car and he paid for it. A judge will not award him money even though you took it back. Even if he did get money it wouldn't be much. I saw something like this on Judge Judy or something. The girl was paying her Aunt for the car. The girls defaulted and the Aunt took the car back so the girl took the Aunt to court for the money she was paying the Aunt for the car, the judge said no, because if the Aunt paid her back then that would mean she didn't have to pay for the car for the time she had it. honestly don't even worry yourself over it until you know for sure you are being sued.
2007-08-21 09:20:58 · answer #5 · answered by lovely_kelly2004 2 · 0⤊ 0⤋
Was this a written agreement or a verbal agreement?
You give someone a car and they do the payments that is great. He had use of it all that time. So he can consider the payments he made rental money and you don't owe a darn thing get a lawyer to tell him to go in the Army and focus on his future.
2007-08-21 09:16:30 · answer #6 · answered by Tapestry6 7 · 0⤊ 0⤋
You said "agreement". Is this in writing? Even if it is, he has faulted since he did not get the loan switched over. He just helped you with the payments in a voluntary way. I can see no way he can sue you.
2007-08-21 09:16:38 · answer #7 · answered by sensible_man 7 · 0⤊ 0⤋
No. It was in your name and you can take the car back if he's not making payments. Car companies do it all the time -- they repossess the car, make you pay off the rest of the unpaid payments on the car, and you can kiss anything you paid them goodbye. He can try to sue you, but he'd lose.
2007-08-21 09:25:19 · answer #8 · answered by Hillary 6 · 0⤊ 0⤋
particular you will get sued. you are able to sue for something in united states of america,triumphing every time is yet another rely. you are able to handle this certainly one of three procedures..... a million. forget approximately approximately him,according to possibility he will bypass away. 2. forget approximately approximately him and he's taking you to small claims court. If this occurs you're able to desire to have any workplace work and witnesses to this transaction there with you in court. He reported won't cut back it with the decide,you like tricky information and or witnesses. 3. attain a compromise with him, say he paid $2500 in automobile money,and the automobile depreciated $1500 grant him a $1000. He did have use of the automobile for a 300 and sixty 5 days. If the automobile and automobile own loan are on your call it is your credit status in possibility. verify money are as much as this point. I discovered a lesson an prolonged time in the past,be careful who you have faith with money or problems with value. it could deliver out the worst in human beings!!!!
2016-10-08 23:42:16 · answer #9 · answered by Anonymous · 0⤊ 0⤋
unless you had a contract between the two of you, it will be tough for him to recover his money, especially since he did not follow through on his end by getting the car refinanced into his name.
I'm afraid he is making empty threats.
2007-08-21 09:15:16 · answer #10 · answered by Star 6 · 0⤊ 0⤋