Legal Question in Civil Litigation in Maine

A couple break up (not married). She has a car that is financed in his name. (bad credit for her). He trusts her to pay the loan without re-financing. She defaults on the loan. What are his legal rights?


Asked on 1/11/10, 2:51 pm

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

His rights are only against her for indemnification for the default as she presumably retained the use of the car and he is responsible to pay for it to the creditor, regardless. If there is no writing about their agreemeent, she may claim it was a gift on his part, or that she gave him some other benefit in exchange for him to be responsible for the car.

The car may be repossessed and the deficiency to pay off the loan will affect him. If she cannot pay for the car then she probably cannot pay any judgment he seeks against her for these damages. He could bring an action in Small Claims Court of the damages are less than $4,500 and keep his legal costs to obtain a judgment at a minimum.

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Answered on 1/19/10, 5:40 am


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