Legal Question in Credit and Debt Law in Texas

Carloan

About a year ago my husband bought a truck from someone who still has the carloan in his name. He still has not sent us a bill of sale. We stopped paying it and now he is calling threatening him he is going to call the justice of the peace and going to throw him in jail. Can he really do that?


Asked on 2/15/06, 5:14 pm

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Carloan

Short answer is no. But, while you are not in jeopardy for going to jail, you also do not have a protectible interest in the truck. The documents show him as owner with a bank or finance company as lienholder. Even if you were making payments, you have no way to insure that he makes the payments to the lienholder. And even if he does make the payments, when the truck is paid off, you will have a hard time compelling him to give you title. This is a bad deal for you. He can come get the truck if he wishes - its legally his.

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Answered on 2/15/06, 6:00 pm


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