Legal Question in Civil Litigation in Virginia

Posession of a vehicle

Last winter I decided to buy a car with cash. I had no job, so i needed a co-signer. My girl friend had to be the main name on the account because she had a job at the time. So, I put $900 cash payment from my own pocket and then another $200 payment down on the vehicle. We made payments together for a few months after. Later in the year we broke up and she moved back to california with the truck. My name is still on the truck and she's not making payments on time. Can I take her to court and get either the truck back or somekind of compensation?


Asked on 11/02/06, 12:26 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Posession of a vehicle

Sure you could sue your former girl friend in small claims court--not for the return of the truck since she owns as much of it as you do---but for something likely approaching the unrequitted value of your contribution to the purchase of the vehicle which would not necessarily be the same as your exact dollar contribution since, presumably, you got some use out of the vehicle while it was in your mutual possession in Virginia.

However, by the time you add up all of the costs of your getting out to California and locating the appropriate small claims court in which to file your case and then serving the defendant, it may not be worth it. (Even though I'm not a California attorney, I would bet that none of the aforementioned costs would be recoverable in your suit under California law.)

Read more
Answered on 11/02/06, 11:18 am
Jonathon Moseley Jonathon A. Moseley

Re: Posession of a vehicle

Well, can you take her to court? Yes, obviously. Will you win? I don't knw. Even though the car and the girlfriend are no longer in Virginia, the transaction and the relationship was established in Virginia and I think that you could sue in Virginia. You would have to take any successful judgment to California and "domesticate" it locally in California to physically get the court back.

But what would you be compensated for? You have paid $1100. However, you did use the car for several months. How much would you normally pay per month for the use of the car?

Your girlfriend now is not making the payments you say, but you are not either.

You surely can recover whatever you hvae lost. The problem is that you will need to identify what exactly you have lost.

Read more
Answered on 11/04/06, 10:10 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Virginia