Legal Question in Civil Litigation in California

Re: small claims court

More facts are needed.

How much was the car?

Who made the down payment?

How much did your sister pay in monthly payments?

How much did she pay total for the car?

How much have you paid total for the car?

How much is the car worth now?

What exactly is your sister suing for?

--To get the car into her name (and possession)?

--To get back the money she paid into the car?

How much would it have cost your sister to rent the car for the time she had it?

Is there anything in writing to support an agreement between you and your sister that she would receive an ownership interest in the car?

If you answer all the above questions, you can probably answer for yourself what the judge might decide.

Most Small Claims judges will take into account what each party contributed to the deal. You put your credit in jeopardy, and it sounds like you made some payments to avoid a repo of the car.

It also sounds like the paperwork names you as the owner and the finance co. holds you responsible for the car loan.

But if your sister can show that she made the down payment and most of the payments--even if late--the court might take pity on her and find an oral contract between you that she breached, but still give her the car, if she is ready and willing to pay you back everything you have paid on the car and guarantee future payments.

Your best argument is that your sister has breached any oral agreement you had about the car, and you have the right to take possession of the vehicle--and either make future payments or sell it to cut your losses. Any money that your sister has paid into the car might be deemed a rental of the car while it was in her possession.

Re: small claims court

Yes you can always lose. What are her claims?