Legal Question in Civil Litigation in California

My sister is my co-borrower to my school loan. About under 2 1/years ago I had issues paying the monthly bills and for 3 months could not afford to submit payments. For this reason it is currently showing up as a delinquent account on her credit, even though I have been paying without fault for the last 2 years. On a different side she sold me her Honda and I was making monthly payment while driving the car. I paid off the car on 2/28/11 but she is yet to give me the Title so I can have it transferred to my name. After asking for the Title for 6 months, she decided that since I was not paying the school loan fast enough that she will pick up the car and sell it to pay off the loan. I literally walked out of work, only to find my car gone. We never made an arrangement to do that, the car and the school loan are two SEPARATE TRANSACTIONS. I am paying monthly on the school loan, and the car is paid in full. Now she is refusing to give me back the car even though she had agreed that it was already paid and that she would send over the Title (I have an email stating that she would send over the title). What can I do? She wants to sell the Honda, leaving me without a car to drive around. If it was my choice I would not sell it at this time. I am making monthly payments, and have not delayed or missed payment so there is no reason for her to be upset. She blames her bad credit on me and for that reason took possession of the car. What are my options? I am left with nothing right now. I have asked for it back but she refuses. I have offered to do Mediation instead of going to court which she also refuses. She attacked me at my house, pushed and threw me on the ground. She has sent offensive and disrespectful/hurtful emails and text to me. I do not wish to get a restraining order or to change my phone number, I just need to know if there is a way for me to get my car back. I have emails that state that she will sell it for $5000, an email stating that I had 7 months to go, and the final email stating she will send over the title, I also have all my receipts of each payment. Please help!! Can she take me to court and win for causing her to have a delinquent account on her credit even if I have been making consecutive and on time payments for the past 2 years?


Asked on 8/24/11, 5:43 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Small claims court. If you're lucky the producers of "Judge Judy," et al. will pick up the case and the loser won't have to pay the judgment. Watch out for legal time limits.

Read more
Answered on 8/24/11, 5:47 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California