Legal Question in Civil Litigation in California

Ex boyfriend suing for money to cover car lease

approx 4 yrs ago my boyfriend leased me a car (in his name). We broke up and he told me i had to pay him $361/month to cover the lease, that he got it for me while we dated, since we broke up, I had to pay it. We never had a verbal or written agreement. I was late often, it was a car I couldn't afford. The last time i was late (2 payments), he got very aggressive w/demands to pay him, or return the car immediately, or he would call the police and report it stolen. He made the same phone call to my parents (I am 34 yrs old). I returned the car to him, he is now suing me for the remaining amount left on the lease (3 months). Will I be liable for this amount?


Asked on 12/26/02, 2:50 am

1 Answer from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Ex boyfriend suing for money to cover car lease

Thank you for your posting, and I am sorry to hear about your unfortunate situation with someone that sounds like a jerk.

The legal answer to your situation relies upon contact law, and for their to even be a contract, there must have been some sort of agreement for you to pay, which you've stated there was not.

If your boyfriend sues you, likely in small claims court, then a judge will have to decide whether or not any of your actions were consistent with an agreement to pay, or whether or not this was intended to be a gift.

From what you've told me, and without hearing the other side, it sounds as though the scales tip in favor of this being a gift, meaning you have no obligation to pay. Further, any damage is to his credit report, not yours, so the less dealings you have with this person, the better.

Best of luck, and if you have any follow up questions, or need more information, please feel free to email me directly at [email protected].

Read more
Answered on 12/26/02, 1:20 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California