Legal Question in Civil Litigation in Minnesota
Dispute over vehicle possession
In Jan. 2007, my then fiance gifted
me a new vehicle. I have multiple
written and email proof to support
this claim. Out relationship at the
time was rocky and we were in the
process of breaking up and eventually
did in March 2007. In May 2007, he
emailed me requesting that I either
give the car back or pay for it but
later in June recinded that request.
We had little to no communication
until Dec 23, 07 when he requested
again that I either give the car back
or pay for it. I am legally on the title
registration and have been financially
responsible for all maintenance and
insurrance for 6 months. He is
threatening to take the car. I have
offered him to pay off the
outstanding loan he has on the
vehicle which is $10000 or so. He is
not accepting that and wants more.
At one point in June he wrote that
the car was ''a gift and therefore do
not have any obligation to it''. It has
been a year now and I need to know
if he has a legal right to take the car
and if he decides to sue me, do I
have a case? He makes considerably
more money than I do but I am
willing to pay him something even
though I don't necessarily think I
should.
1 Answer from Attorneys
Re: Dispute over vehicle possession
You need to contact the lender (bank or whoever the loan is with) and notify them that if he defaults on any payment you will cover it to avoid repossession of the collateral (the car.)
Meanwhile you should have an attorney make demand for full assumption of the loan obligation or in the alternative pay you full balance due on loan.
If he rejects that you are going to need to go to court to enforce the gift, probably in district court unless you wish to limit your claim to $ 7500.00.
Call or email for further assistance.
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