Legal Question in Credit and Debt Law in California
i have a couple of problems here, please help me.
My fiance and I just broke up after 5 years of being a couple. The problem is that in between those 5 years we bought a car together, the car is under my name (i had to put it under my name because she has horrible credit and a Repo) but i have the emails where she agreed that we were both buying it and paying for it. it was our car, now that we are broken up she does not want to pay for it. Also, a couple of weeks before we broke up we were planning a summer trip and we got a loan from a friend for $3000 to pay for it. I also have the emails where she agrees that we are both paying him back for this loan, but now she is saying that is not her problem since he is my friend and i have to pay him back. can i sue for both the car and loan? do i have enough documentation to sue her? what type of court can i sue her in ? small claims?
PLEASE HELP
1 Answer from Attorneys
Take it to small claims court, but realize that with respect to the Car ultimately you are going to be responsible for repayment regardless of what the Court orders. The Court cannot force the lender to split the loan in two, or to add her to the loan. The loan is between you and the car lender, and if it does not get paid, you will be the one who is sued for any deficiency after they repo the car. On the friend loan, you're probably going to be stuck with that as well given that it is your friend. Let a small claims court judge decide how to handle this - it is a court of equity which means they strive for results that are "fair."
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