Legal Question in Civil Litigation in Missouri

vehicle

I had let a friend have my car, and they were supposed to get a loan to pay it off ( that was the deal but we didn't make up any legal papers stating this). I told them they had to get the loan but they were unable or uncerned about doing so, so I took the car back. During the time they had the car they put money into the car(monthly payments). They want me to repay the money they put in. Do I have to do that or is it like renting? Pay monthly and since they couldn't pay it off then they just paid to be able to use the car for that time period?


Asked on 11/24/08, 11:10 am

1 Answer from Attorneys

Stephanie Galetti Knapp Ohl & Green

Re: vehicle

You cannot get unjustly enriched (ie keep the car and money or improvements in the car without giving them the value of what you are getting in addition to the car)... That said, however, if all they were doing is making payments that were already due on the car, and nothing above that, you should be ok, because you are not getting anything more out of the deal than you are entitled to. During the time period they were making payments, they had use of the car (you didn't). Once you took back the car, I assume they no longer made payments? If that is the case, you should be ok. However, it may come down to the facts of your case (specifically if any amount was paid during a time you were in possession of the vehicle, how you came back into possession of the vehicle, etc.). Your best bet is to "call it even" if you can. If not, see a lawyer. And, for future reference, always get something like this is writing. It makes it much easier to enforce everyone's side of the deal if it's reduced to writing.

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Answered on 11/24/08, 11:43 am


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