Legal Question in Criminal Law in California

Bumber Pull Trailer - Civil Lawsuit or Criminal Charges

Hello.

A friend of mine purchased a trailer for me. I could not because of poor credit. I gave her the down deposit and paid the montly payment as well as insurance. I was laid off and informed my friend that I would be unable to make payments. Once I foung another job I begin to make payments again. Then I was laid off a 2nd time and unable to make payments again.

She called me numerous times and I ignored her calls because I didn't know what to do. I missed about 8 months of payments. I finally called her and told her my situation. She was not happy with me and I don't blame her. I asked if I could keep the trailer because I am trying to sell property and I would give her $5000 which would make up for more than the payments I missed. The montly payments are about $250. She stated that she needed a week.

She has sent me mail before but never certified mail requiring my signature. I have not signed for the mail or picked it up.

Is it possible that she could come after me civil or criminal? We did not sign a contract. It was a verbal agreement and the trailer is in her name only. Please advice and let me know what I should do and if I should sign for her certified mail.

Thank you


Asked on 4/19/09, 1:14 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Bumber Pull Trailer - Civil Lawsuit or Criminal Charges

Becoming unable to make payments is not a crime. However, your agreement with your friend is probably a binding contract and you have breached it. She can sue you for the breach. Her letter may be a demand for payment.

Additionally, it is possible that the trailer is registered to her rather than to you. Depending upon the terms of your agreement, it may legally be her property until you pay off the loan. She may be writing to demand that you turn it over to her.

Either way, the certified letter is probably a prelude to a lawsuit. I understand that confronting the situation is difficult, but ignoring it won't make it go away.

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Answered on 4/19/09, 4:58 pm


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