Legal Question in Civil Litigation in California
I had a verbal agreement with a friend to pay a credit card amount of $30,000 dollars ( $653 mo.) She then decided to file bankrupcy and asked me to stop making payments. The interest rate was jumped to 30% and not to mention that the payment almost doubled, now she changed her mind about the bankrupcy and expects me to continue paying for the credit card.
My question is can she open a lawsuit against me?, There is nothing in writing for this agreement it was all verbal. Can she or the credit card company come after the vehicle that I purchased with the credit card?, Please note vehicle is under my name not hers, I have pink slip on hand. Please advise, thank you!
2 Answers from Attorneys
The short answer is yes, she can file a lawsuit. Whether she will win depends on whether you provide proof that for many months, you consistently paid $653 per month, as it was an oral agreement. Because you agreed on a fixed amount per month, and the interest rate climbed because of her actions and not yours, you have a compelling argument in court that she must be liable for the difference. At the same time, you might have to make up the payments that were missed while she was in bankruptcy (or while she considered that prospect).
Mr. Cohen is correct. With only a few exceptions, verbal agreements are as binding as written ones, it just is more difficult to prove what the oral agreement was as opposed to being able to show the written agreement. You bought the car with a loan from her and yuou have the car. You certainly owe her the balance on the car; you have a good chance to have her found responsible for the difference in interest rates and any penalties. Why should you get to keep the car if you make only partial payment on it?
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
