Legal Question in Credit and Debt Law in California

Personal agreement

Three months ago, my boyfriend and I split up. Instead of sitting down and discussing property, he decides to take what he wants while I'm at work. We had a second loan on the house which paid off 3 vehicles (We are both on this loan). One I still drive and the other two, he took. By taking them, he agreed to make the full payment monthly. So he signed a typed up agreement. Just recently, he decides he does not want the two vehicles and told me I am to refinance him off the loan, and THEN he'll return the vehicles. I told him I can't refinance until Jan 08. He then states he will only make half the payment until then. So here's my question: I know how the credit world works, I know I'm legally responsible for half the loan; I also do not want my credit affected; so, ....How binding is our signed agreement stating he would make the full payment every month? Will it stand up in court?


Asked on 8/17/07, 12:29 pm

2 Answers from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Personal agreement

It will be binding. However, this is how it works. Loan payment is not made. Loan company sues you. You then have to file a cross-complaint against him. You still end up with a judgment AGAINST you and then you get one AGAINST him. Not such a good plan. Sell the car, if you have to, but make sure the payments are made!

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Answered on 8/17/07, 10:30 pm
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: Personal agreement

Why go through the hassle? Just make 1/2 the loan payments like he asks, and then sue for breach of contract in small claims after the first payment. You preserve your credit, mitigate your damages, and still get his money.

Before you do anything, though, you should bring your contract to a local attorney to see if it's enforceable.

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Answered on 8/18/07, 2:36 am


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