Legal Question in Credit and Debt Law in California
Car loan payment
I have been paying on a car with the loan agreement signed under two other family members. I have payed for the car for a year and have been unable to drive it. This has been nothing but a burden to me. I have told these family members I can no longer afford to pay for their car and want them to pick up their payments to their creditors. I have already paid over $3,000 on this and am expecting no compensation. Now these family members are threatening to sue me for the remaining cost of the car loan. Note: this car was in no way purchased on my behalf. I was taking this off their hands due to the purchase of a new vehicle they purchased and they did not want to have 2 carnotes. Also the loan agreement is not in my name and I did not sign anything. Do they have a case?
1 Answer from Attorneys
Re: Car loan payment
They must be taking the position that you promised to pay for the car. I must say that your gracious attitude in this matter does look as if you agreed to pay for the car, but if there is no writing or other form of undertaking on your part, you certainly can convincingly advise the court that you were simply making a gift of your payments which until delivered were not an entitlement of your relatives.