Legal Question in Civil Litigation in California

Car deal gone bad. Private party

Around June 2000 I entered into an agreement to purchase a used car from a friend of my now ex-wife. I have made payments on the agreement for awhile and then during the divorce I informed I would not make any more payments on the vehicle because they one I could not afford it due to divorice and two they could not provide me with paper work that would enable me to register or insure the vehicle. The vehicle had also broken down (blew the head, the van was in bad condition and I had inquired several times if it had an over heating problem in which they stated that it did not.) and is being stored where I had maded several storage payments on it and had ask for assistance in getting the vehicle moved back to California. Now after nearly two years she want to get a settlement on this. I feel no obligation to pay her any more since she has never provided me with the ablity to register and insure the vehicle. As I see it she should be able to get the vehicle and sell it to someone else. I was never a registered owner of this vehicle. What if any legal action can she take against me? She is well aware of where the vehicle is and she is still the legal registered owner and title holder.

Thank you.


Asked on 3/13/02, 3:29 pm

2 Answers from Attorneys
Victor Hobbs Victor E. Hobbs

Re: Car deal gone bad. Private party

Your plan is good.

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Answered on 3/13/02, 5:12 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Car deal gone bad. Private party

Thanks for your posting, and I'm sorry to hear about the mess you're in.

Depending on the terms of the contract, you may or may not be able to just not pay and not be subject to a breach of the contract. If the contract stated that the car must be registered, then that is a term of the contract that must be abided by, or she is in breach.

As far as what legal action can be taken, well, as they say a lot in law, "anybody can sue for anything". That doesn't mean she will win, but you can be sued. Depending on the terms of the contract, as I mentioned above, you may lose.

You also have the right to discharge this potential debt in bankruptcy, which is a consideration, albeit a personal decision.

Hope that is helpful, and if you have any othere questions, feel free to email me directly. I'm happy to help in any way that I can.

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Answered on 3/13/02, 5:44 pm


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