Legal Question in Civil Litigation in California
Leased a car for ex and now want out
About a year ago i leased a car in my name for my ex boyfriend. He has been making the payments since then but he has been arrested for driving without a license and he is not paying the insurance. Now i want him to end the lease by trading in the car or paying off the lease so that i dont encounter further problems. The payments are high and there are 4 years left on the lease. His name is nowhere on the lease. What are my legal rights?
2 Answers from Attorneys
Re: Leased a car for ex and now want out
Go and get the car. Then worry about trying to get out of the lease.
Re: Leased a car for ex and now want out
He can't trade in the car since his name is not on the lease. Only you and the lessor have rights under that contract, so you should refer to the lease agreement to see what your rights are. If the document is unclear, pay for an hour or two with an attorney who can go over it with you.
Of course, you can't do much with the car until you have it in your possession. You should demand that your boyfriend return the car to you; if he refuses, you will need to sue him to get it back. You should hire a lawyer for this, too, if need be. You should sue for conversion and replevin, since the latter will give you a good shot at reclaiming the car quickly, long before the case is resolved.
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