Legal Question in Civil Litigation in Oregon

My car

My fiance's parents had my car towed after his death. The car loan was in his name because of his insistence as I was in the middle of a lawsuit for a 5 car accident that I was involved in. I have all of the canceled checks for the payments that I made on the car, he never made any payments. His parents were very aware that the car was mine and that when my lawsuit was settled I would be refinancing the car. When my fiance died I contacted his parents and told them that I had already contacted the loan company we were using and asked them to send my loan papers to refinance, his parents said that was fine and to let them know. The next thing I wake up to is a tow truck taking the car. When I called them they said sorry about your luck. What are my rights as far as the money that I had already paid into the car which amounted to about $8000?


Asked on 6/29/09, 5:36 pm

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

Re: My car

I assume your fiance did not have a will and did not have children. Thus, his heirs are his parents, and they "legally" own the car. You, however, have made significant payments on the car loan. Thus, you can sue them under equitable theories, such as "unjust enrichment." The parents are unjustly enriched, because they captured the car upon which you had made significant payments. You are entitled to have them disgorge their unjust enrichment by paying you restitution equal to at least what you have paid on the car. If you are willing to sue them for $7,500 or less, you can go to small claims court, without an attorney. See http://www.osbar.org/public/pamphlets/smallclaims.html

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Answered on 6/29/09, 8:09 pm


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