Legal Question in Civil Litigation in Texas

my husband took over car payments from a family member no contract just verbal agreement the family member wanted the car back and she harrassed my husband the whole 3 months he had the car; now she wants the car back she knew upfront my husband could not get financing so the 3rd month she wants him to get fincancing so she could purchase a trailer for her husband. That was never discussed getting financing she stated if the car break down do not bring it back here call me and i will call bmw to pick it up. under no circumstances bring the car back. then we have textes from here with the harrasment and a terrostic threat. she does not want to repay him the notes back knowing she wanted her car back or felt uncomfortable with him driving the vehicle. she texted that now its a liability and if she knew the liability upfront she would not have done this transaction. since this was a waste of time my husband just wanted his 3 payments back since she went back on her word. if he did not make any of the payments she would have asked her for payments. please help


Asked on 9/08/09, 3:54 pm

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

The car is of no use to your husband. He cannot sell it to get his money back since he did not have the family member sign over the title. Suggest you have him return the car to her.

She is responsible for repaying the note on the car. . Find out how much it would cost to rent the car for the period your Husband had possession of. Call a car rental company. If the payments he made are above the rental value, then I suggest he you sue her in small claims court

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Answered on 9/14/09, 10:27 am


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