Legal Question in Civil Litigation in California
Okay here is the story. 7 years ago I co-signed on a car with me then girlfriend. We broke up, I kept the car but fell behind in the payments. She borrowed money from her parents to pay off the loan on the car. When she did that she took the car and was supposed to sell it. She sat on it for a year and a half and finally sold it and now the parents are coming after me for the money they loaned to her. I never agreed to pay back anything. I was dictated to, when they came up with the idea that they would loan my ex the money to pay it off and then sell it. How much am I liable in this? What am I at risk for? This is all in the state of California BTW. My ex-girlfriend was the primary on the loan and registration, was the co-signer. When they payed it off and sold it I was never asked to sign anything whatsoever. I want to know realistically what they can do to me. Right now they are harassing my friends and family over this and I want it to stop. Please help!
1 Answer from Attorneys
First tell them that you understand to some extent their anger, but it is illegal harassment of your friends and family to bother them with the debt problem and they are opening themselves to a law suit or complaint to the police by doing so. They should deal directly with you and not involve others.
It soumds as though the GF was the legal buyer of the car but let you keep it until you could not pay for it. When they sold the car without asking you they were indicting that you were not the legal owner [car could not be sold without legal owner's signature]. If that is the situation, then she had the primary obligation to pay for the car.
If the parents gave her the money which she then used to pay for the monthly payments missed while you had the car, then the loan was to her and not you as to the parents and they have no right to sue you. The exGF would be the only one who could sue you, and that depends upon whaa your agreement was with her as to who would make the payments. When she sold the car, if you were equal owners, she should either have divided the proceeds by the same ratio of what each of you paid on the car or subtracted each of your payments and divided the rest by that ratio, or whatever other agreement you had.
If they wil not stop, perhaps the only thing you can do is complain to the police after trying to get your exGF to try to get them to stop asnd then suing in Small Claims court for a portion of the car sales price and emotional and let the judge rule you were not the owner and just entitled to a little money for their harassing you for something yo do not owe.
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