Legal Question in Civil Litigation in California

Suggestion

About 3 years ago, I entered a notorized written agreement with a buyer of my car since the car loan is under my name. The agreement states that she will be responsible for the remaining car payments and upon full payment of the loan, the car will be her property. Recently, I got a call from the bank informing me that it was few months past due. I spoke with she with regards to the past due and was told that she can not afford to continue the payment and that the car engine is dead. Can I demand for the repairs and payment to the bank to keep it up to date. I don't want to ruin my credit as well. what can you advice? Thanks.


Asked on 7/04/01, 8:00 pm

2 Answers from Attorneys
Garry Hanlon

Re: Suggestion

You may demand that she make the payments but

if she doesn't the financing company will

still take action against you

You may also declare the contract null and

void by reason of her failure to pay, demand

correction within a fixed time frame, and if

it is not corrected, take the car and sell it

paying off what is owed to the bank

Your side agreement is not binding on the bank

and you must keep them happy with payments or

your credit will be affected

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Answered on 7/09/01, 9:17 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: Suggestion

Good Day.

The bank gets theirs from you. You get yours from her. You are on the bank note ... that puts you on the hook. If they sue you, you in turn sue her.

Other than that, you pay the bank.

Sorry.

RRG

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Answered on 7/05/01, 1:01 pm


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