breach of verbal contract

[teddEbear]

PLEASE HELP!!

I moved to NYC from Chicago 2 years ago. before i moved a "friend" of mine took over my car note and was paying on it for a year (we only had a verbal agreement). he quit paying the note a year ago and seems to have fallen off the face of the earth (won't return phone calls, disconnected phone, no address - has moved, etc.). needless to say, my credit is wrecked and I truly lack the resources ($) to rectify the situation from NYC, and I cannot find this person or my car. At one point, the repossession company found the car, but he had it locked in his garage and refused to turn it over.

What are my legal rights and what can i do to force him to turn over my car? can i have him arrested and press charges? PLEASE HELP!!

 

[JETX]

First, no you can't have him arrested.. and you can't pursue any criminal charges against him. Problem is... you gave him permission and access to the vehicle.... so, no theft.

What can you do??? You can make all the payments on the car to protect your credit (if possible) and then file a lawsuit against the other person to try to recover your damages (payments plus interest). The obvious problem is that you have absolutely NO PROOF that there even was an agreement. Sounds like you are about to learn a couple of VERY expensive lessons in life.
1) ALWAYS, always get it in writing.
2) If you sell a car, do it completely. What you have done is basically gave him your car (especially without any written agreement!!) and you make the payments.