Legal Question in Civil Litigation in South Carolina

Being Sued After Returning Automobile to ''Legal'' Owner

My ex-boyfriend purchased a car for my personal use. I gave him money for the down payment and all monthly payments. The insurance on the car was eventually cancelled for nonpayment. He refused to cooperate with me on getting insurance. Because my name was NOWHERE on the paperwork for the car I was unable to obtain insurance without him. I returned the car to him for this reason. He is now suing me because he is saying the payments were 3 months delinquent and also for the repair cost of damage done to the car from an accident I was in while driving the car. The insurance company (while it was still insured) then cut us a check for the cost but we BOTH used the money for other things and the car was never repaired. Am I liable even though I had no other choice than to return the car? I had no legal authority regarding this car and feel I was going to be screwed eventuall by him anyway.


Asked on 3/17/02, 1:26 pm

1 Answer from Attorneys
Charles Griffin Law Offices of The Griffin Firm, LLC

Re: Being Sued After Returning Automobile to ''Legal'' Owner

You may not have been the title owner of the car, but it seems you were the equitable owner of the car. Based on what you have described, he, as the title owner of the car, has/had certain fiduciary obligations to you, such as cooperating with regards to the insurance and cooperating with regards to the repair of the vehicle. If he is suing you, I would suggest you get an attorney to represent you. Is he suing you in magistrate's court? Often, these matters are settled/litigated in magistrate's court. You can go file an answer and counterclaim against him in magistrate court (breach of fiduciary duty, breach of contract accompanied by fraudulent act, breach of covenant of good faith and fair business dealings which is implied in every agreement in SC, etc.), if that is where the action is being filed. The jurisdictional limit is $7,500.00. These type of situations which you describe often never work out, such as buying a car for someone else the way you have described it. If the dealer suggested you do it that way, you may have a suit against the dealer for giving bad advice (breach of fiduciary duty). You may visit my web page http://griffinfirm.tripod.com/ if you need to contact me further about this matter.

Read more
Answered on 3/17/02, 2:31 pm


Related Questions & Answers

More General Civil Litigation questions and answers in South Carolina