Legal Question in Banking Law in California

Loan

An ex-girlfriend's parents co-signed a loan for me to get a Motorcycle. 7 Months later it was stolen under their watch. So a little under a 2 years has gone by and i am still paying every month. The parents that co-signed are now claiming we had a verbal agreement stating that I would get a loan by myself after 6 months of payment.(This never happened) They are attempting to take me to small claims court for the remaining balance. They have called and left harrassing messages. My question is, Since i have been making payments on a bike i no-longer have. Is their ''verbal agreement'' accusation going to stand up in court? Can i counter sur for harrasment? do they stand a chance at winning?


Asked on 6/18/09, 11:20 pm

1 Answer from Attorneys
Jerold M. Gorski Law Offices of Jerold M. Gorski

Re: Loan

This depends on all the circumstances, but they may be in a weak position without something in writing. In general, the written loan documents control. However, verbal statements can be admissible and anything is possible (no attorney can predict the future). But note that if you do lose in small claims court, in most jurisdictions, you, as the defendant, have a right to challenge the verdict and present your case again to a new judge (check your local small claims court online to get an understanding of the process in your area). Maybe all you need is a letter from an attorney which is polite yet firm.

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Answered on 6/20/09, 1:29 pm


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