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Originally Posted by Nonya What is the name of your state? Wisconsin
Hi, anout 4 years ago my girlfriend crashed a car that my father bought for me. After she crashed it my father told me that I would have to make the rest of the payments on it. We got into an argument over it and stopped talking to each other. Now 4 years later he says that he is going to take me to court and sue me for the remainding balance of the car. CAN HE ACTUALLY SUE ME EVENTHOUGH HE HASN'T PAYED THE CAR OFF? AND CAN HE SUE ME EVENTHOUGH IT WAS MY GIRL FRIEND THAT CRASHED THE CAR? |
My response:
If his name is on the title, and you have an agreement with Dad to make the payments, and failed to do so, then yes he can sue you successfully. Full payment of the vehicle is not necessary. You would then have a cross-complaint against your girlfriend, provided that you didn't allow the Statute of Limitations to expire.
You don't have the right to Breach your agreement with Dad, and let his credit suffer. Dad undoubtedly made, or is making, the payments so that he can mitigate his damages. But, you don't get to take advantage of Dad's ability to make the payments when it was your responsibility.
Where was the insurance on this vehicle?
IAAL