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do i stand a chance or am i wasting time

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lilprincessjess

Junior Member
What is the name of your state?TEXAS

To make a long story short and spare the personal details...I took over payments on a 2002 Ford for my ex boyfriend because he was unable to make the payments at the time(he had 2 other vehicle payments to make). We had an agreement that when the vehicle was paid off, he would transfer title to me. I paid on this vehicle for 2 years at $500 per month totaling $12,000. Although he never signed a contract, he did contact the finance company and give me access to pay the payments and make any necessary changes to his account. He also gave me a written letter of permission to drive the vehicle for insurance purposes. He even had contact with friends and family after we split stating that he and I had an agreement and that he would never go back on that....that as soon as the vehicle was paid off he would send me the title. Then, he suddenly decides that he wants the vehicle back. I had to turn it over to him because of course, it is in his name. $12,000 is a lot of money to just let go of. Although we had a "verbal" contract, didn't he make it impied and enforceable when he did all of these things? Do I stand a chance suing him for the funds I invested in this vehicle, or would I be wasting time and tying up the court system? Please advise.
 


dncustom

Junior Member
I had a same situation, you are not wasting your time, if you had proof with all the payments that you did for the car then you had a chance to take him to court (file a small claim).
 

tijerin

Member
The amount is $12,000. That doesn't sound like a small claim amount to me, but hey, I don't know the dollar amount limits in Texas.
 

badapple40

Senior Member
Pursue general litigation on this for:

A) The vehicle itself

B) Return of your 12,000 payments.

You can pursue this on an oral contract basis, or on promissory estoppel.

The oral contract, while typically he-said/she-said, is bolstered with the additional evidence: statements (admissions) he made to others regarding the vehicle, and the other evidence you mention (cancelled checks showing your payments, etc).

Promissory estoppel is that, even if the court determines that there was no valid oral contract (perhaps Texas has a law about that kind of thing) -- or because your payments for this thing exceeded one year (making this deal subject to the statute of frauds, which requires the matter to be put in writing), you suffered to your detriment in relying on what you thought was a valid contract, and are therefore entitled to the return of your money or the benefit of the bargain (the truck).

It is probably worth an attorney to take this on a 1/3 contingency.
 

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