Legal Question in Civil Litigation in Utah

I have a vehicle loan. My friend and I agreed verbally that he would take over payment until it was satisfied. If late the car would be taken back. Payment at the bank is due on the 3rd. Payments were consistantly late, I have pulled all check copies to prove this. November payment was recieved on the 24th of nov. by me and since december was due a week later payment was held to be sent at the same time. December payment of only 2/3 the amount was recieved on dec 10th. Payment was sent on the 10th for both months less the 1/3 of december payment. Car was repossesed on the 12th so the check was canceled. So the bank never recieved nov or dec payments. These payments will be refunded to my friend. He claims that he can take me to court to recover the $6000 that he has paid because he no longer has the vehicle. Does he have a case?


Asked on 12/13/09, 7:16 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

No. He did not pay as agreed, and therefore he is in default. You might be able to sue him for breach of contract for the damage to your credit and for what ever you lost financially.

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Answered on 12/21/09, 6:33 am


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