My Mother Is Threatening to Sue Me...Can she?

[WonderingLexus]

What is the name of your state (only U.S. law)?
My state is California.

Hello all! I hope you all are doing well today.

I appreciate the great advice given on this site and I'd like to receive it as well.

I'll keep the back story short. In 2010, I purchased a 2006 Lexus IS 250. Three months after I made the purchase I got orders to Okinawa, Japan and couldn't take the car with me for various reasons. While on leave my Mother expressed to me that she liked the car and was having issues with her current car. She had asked me if she could take it over while I was in Japan. We verbally agreed to her possessing the car and taking over the car payments. They car and car loan still remain in my name. Fast forward to 4 years later I need a car.

She asked me one day if I wanted to take the Lexus back, but I politely declined because I was still in the market for a car and the gas for that car is expensive. Well life happened and because I have the car loan for the Lexus in my name, a few thousand in cash, and don't make enough to have two cars loans I'm screwed. I called my mom and asked when I could pick up the car and she told me she changed her mind. Since I live with my older brother, she asked me who would be driving it. I answered her questions and at the end of the conversation she said no. I asked her if I could use it temporarily since she has two other cars to choose from...She responded with no. As a final attempt, I reminded her that the car is legally mine and though she has been contributing to my car loan, I technically didn't have to ask to use my vehicle. She responded by threatening to take me to court if I even laid a thought on "her" car. She stated that it's more her car than mine since she's contributed thousands of dollars to the loan. Obviously she and I don't have the best relationship, that doesn't have bearing in a court where the legal documents say I'm the owner.

Would she have a case? Is the car technically hers since she's been paying on it? Could I get the car back without her permission legally?

I appreciate any feedback you can offer me. Thank you for all your help.


Regards,
A.D.

 

[Ohiogal]

Take the police and go get your car. You have kept it insured, correct?

 

[WonderingLexus]

Take the police and go get your car. You have kept it insured, correct?

No, I stopped paying for insurance back in 2012. The car is covered completely by my mom.


Regards,
A.D.

 

[Zigner]

Take the police and go get your car. You have kept it insured, correct?

It's not so simple. OP "gave" the car to her mother. Not a loan, not a "take care of it while I'm gone". As such, this is a civil/contractual matter and I suspect the police won't get involved except maybe to "encourage" mother to give back the car.

 

[Ohiogal]

It's not so simple. OP "gave" the car to her mother. Not a loan, not a "take care of it while I'm gone". As such, this is a civil/contractual matter and I suspect the police won't get involved except maybe to "encourage" mother to give back the car.

Unless it was in writing then it fails when it comes to the statute of frauds. Such things have to be in writing because this was not a short term deal. OP owns the car. If she shows the title, she gets the car back.

 

[Ohiogal]

No, I stopped paying for insurance back in 2012. The car is covered completely by my mom.


Regards,
A.D.

The car is in your name. If your mother got in an accident YOU could be held liable. Negligent entrustment. Which means if she had killed someone or injured someone, you could be sued. And you would end up paying out of pocket.

 

[Zigner]

Unless it was in writing then it fails when it comes to the statute of frauds. Such things have to be in writing because this was not a short term deal. OP owns the car. If she shows the title, she gets the car back.

I agree that it likely will fall under the statute of frauds, however, that is a civil question and the police won't force anybody to do anything.

 

[CdwJava]

Who is the registered owner?

If you are the registered owner, then very little prevents you from simply taking the car. However, if you have to enter her property to TAKE the car might be a problem. If you don't have the keys, that might mean you'd have to tow it.

The police might come by to standby and keep the peace, but, they could not compel mom to allow you to enter the property to retrieve the car. And, if it is parked on the street, they couldn't prevent you from taking it (assuming you are the sole registered owner).

And, yes, mom can sue you ... or try. No telling who might prevail, but if she's been paying for and maintaining the car for so many years, I'd venture to guess a court would see the car as hers.