Legal Question in Civil Litigation in California

Made a verbal adgreement on a car with a friend about a car i brought from him. The title is in my name and we adgreed to pay around two hundred dollars a month, no srecific date. He is now saying he can take the car if I don't pay on a date that he says i must. I have been making payments every month, can hr do that


Asked on 9/07/10, 5:50 pm

2 Answers from Attorneys

Doug Michie Michie Law Firm

How long have you been making payments? The monthly checks are evidence of the oral agreement - I assume the memo on the check reads: "monthly payment on car" or something to that effect.

The title is in his name, so an enforcement officer would look at him as the legal owner. But you have a claim to title. You might want to file a small claims ASAP to establish damages if he contuinues to threaten to take the car.

What is the value of the car?

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Answered on 9/12/10, 6:12 pm
Anthony Roach Law Office of Anthony A. Roach

I think Mr. Michie misread your question. If they are not a lienholder, or title holder they cannot repossess the car. He can, however, sue you in court, and possibly obtain a writ of possession for the car.

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Answered on 9/15/10, 1:41 pm


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