Legal Question in Real Estate Law in Washington

In 2004 I got a $24,000 car loan for my boyfriend with a verbal agreement that he is to make the monthly payment although I was the registered owner. He made a payment to me each month as required in cash to me and I in turn made the car payment.

We broke up in September 2008 and in October 2008 I re-financed my house in order to in order to get a loan with a lower interest rate and manageable momthly payments. This assured I could make the payment if he didn't. The car loan was paid off with the new home equity loan and I received the title to the car.

He moved to Houston in August 2009 and took the car. I allowed him to take the car verbally reiterating monthly payments remain due on the 15th of each month. I however still have the title and it still has Washington tabs but i do not have insurance on the car, he has his own insurance for the vehicle.

Since the loan origination in 10/08 he has deposited payment into my bank account each month although he missed one month and is continously late

He refuses to get a loan in his name and pay this loan off. If he did so I would send the title and we would be done. Since he won't I assumed my only option was to suck it up and take the loss and hope he continues to pay the monthly payment.

Do I have any other options?

Sincerly,

Stacey


Asked on 9/29/10, 6:36 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

This is not a real estate or real property matter. The car is what is called a chattel, a piece of movable property. If you want to get the car back you can send a demand letter for its return, and then sue to get it back. Since it is still titled and registered in WA, you can sue here and get a judgment here. You may have to then register the judgment in TX to enforce it there. There may be ways to get the car into WA without having to go to TX.

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Answered on 10/05/10, 9:58 pm


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