So, I got a car loan in my name for a friend. He promised he’d make the payments, but now he’s stopped and still has the car. I have a bunch of messages where he asked about the loan balance and when payments were due. He only made 4 payments last year and 4 this year—he’s almost 2 months behind now. Plus, he hit a curb while drunk and damaged the car. Can I sue him for this? What should I do?
Yeah, you can definitely sue him for not paying. Sounds like he breached your agreement.
Rai said:
Yeah, you can definitely sue him for not paying. Sounds like he breached your agreement.
Even though it was just a verbal agreement? I don’t have a formal contract.
Rai said:
Yeah, you can definitely sue him for not paying. Sounds like he breached your agreement.
Verbal agreements can hold up in court, especially if you have those messages to back it up.
You might also try suing for unjust enrichment. He’s benefiting from the car while you’re stuck paying for it.
WengersonCooper said:
You might also try suing for unjust enrichment. He’s benefiting from the car while you’re stuck paying for it.
Unjust enrichment? What’s that exactly?
WengersonCooper said:
You might also try suing for unjust enrichment. He’s benefiting from the car while you’re stuck paying for it.
Basically, it’s when someone unfairly benefits at your expense. Like, he’s using the car and not paying for it.
If he’s not giving the car back, you might need to repossess it. You could file a replevin action for that.
Eliot said:
If he’s not giving the car back, you might need to repossess it. You could file a replevin action for that.
What’s a replevin action? Never heard of it.
Eliot said:
If he’s not giving the car back, you might need to repossess it. You could file a replevin action for that.
It’s a legal way to get the car back. You might need to go to court or involve law enforcement if he refuses to hand it over.
If he wrecked the car while drunk, you could sue for damages too. That’s on him, not you.
Paris said:
If he wrecked the car while drunk, you could sue for damages too. That’s on him, not you.
Would I add that to the same lawsuit for missed payments or file it separately?
Paris said:
If he wrecked the car while drunk, you could sue for damages too. That’s on him, not you.
You could probably include it in the same case, but a lawyer might know the best way to handle that.
If it’s over $5000, you might need to double-check the limits for small claims court in your state. Could be close.
Vale said:
If it’s over $5000, you might need to double-check the limits for small claims court in your state. Could be close.
Good point, I’ll look into that. Thanks!
Vale said:
If it’s over $5000, you might need to double-check the limits for small claims court in your state. Could be close.
No problem! If small claims doesn’t work, a regular civil court could handle it, but that might mean hiring a lawyer.