Is there a case here?

What is the name of your state?What is the name of your state? Az

This seems really messy and long, thanks in advance for any advice.

2 years ago, I was in poor financial shape and agreed to have a car I "own" (10 more payments now) turned over to a co-worker of my mothers. He agreed to make the payments on the car and drive it if I agreed to sign the title over to him when the car was finally payed for.

I just found out a week ago that he had a contract prepared stating the car was his free and clear after 22 payments, he had my mother sign the contract. She told him she didn't feel comfortable signing it because it isn't her car and she didn't know the terms of the loan, but she signed it anyways.... SHe then gave him my contact information and told him to have me execute a new contract. He never had me sign a contract and I was always under the belief he knew there were 32 payments left on the car, as I knew exaclty where the loan with the bank stood. He has made each payment to this point faithfully, but now we reached the 22 payment mark and he wants me to turn over the title on the car. there are still 10 payments left, so obviously I can not turn over a clean title.

3 days ago he agreed that my Mom put us both in a bad position and he was just going to turn the car back over to me and let me finish making the payments and we would be done with each other. Now he is threating to sue me for breach of contract and he has my car that he won't make payments on or give back to me. He is also going to sue my mom.

I am unsure of what to do. I have never seen a contract but now he claims I am in breech of it. I need to know how to get my car back. Does he have any claim to it or to a lawsuit? Thanks...

Brown Eyed Girl

There is NO legal contract.

You have the title . To protect yourself from any further financial difficulty , go with the Police and retrieve YOUR car , then make the payments .

If he threatens suit to be paid back the payments he made argue that he had Illegal use of the car for which those payments apply to .

Your mother can not legally enter into a contract with someone Else's property .

Thank you for your response. I have tried reaching the guy and he is not returnng my calls. I will get the police involved. Do I tell them it is stolen?

I wouldn't that far as to report it is stolen.

Remember you knew about the Fact your mother made a deal that she had no right to.

Do you have a set of Keys to this car ? If so go get it.

If not have the police go with you to get it .

Sorry, that you have gotten WRONG information so far.... lets try to get you back on the correct path:

"2 years ago, I was in poor financial shape and agreed to have a car I "own" (10 more payments now) turned over to a co-worker of my mothers. He agreed to make the payments on the car and drive it if I agreed to sign the title over to him when the car was finally payed for."
*** Though I probably already know the answer to this, was this agreement in writing?? And if so, was there anything in the agreement as to condition, care and insurance (Again, we already know the answer.... just trying to give you some 'hints' on things you left yourself open for!).

"I just found out a week ago that he had a contract prepared stating the car was his free and clear after 22 payments, he had my mother sign the contract."
*** Is your mothers name on the title ANYWHERE??? If not, then the 'contract' between the 'buyer' and your mother is not enforceable against you and creates no obligation on your part.
However, if your mothers name IS on the title (and especially in "OR" form), you have a potential problem as she MAY have certain rights to make an agreement.

"She told him she didn't feel comfortable signing it because it isn't her car and she didn't know the terms of the loan, but she signed it anyways...."
***Gee, sounds like you owe your mother an extra-strong hug....

"He has made each payment to this point faithfully"
*** Sounds like you should be thankful for that!!

"3 days ago he agreed that my Mom put us both in a bad position and he was just going to turn the car back over to me and let me finish making the payments and we would be done with each other."
*** Depending your answers to my above questions, we don't know if your mothers involvement has ANY affect at all.

"Now he is threating to sue me for breach of contract and he has my car that he won't make payments on or give back to me. He is also going to sue my mom."
*** Again, can't answer this until YOU tell us what your mother has to do with the ownership of the car..... and how that impacts you.

"I am unsure of what to do. I have never seen a contract but now he claims I am in breech of it. I need to know how to get my car back. Does he have any claim to it or to a lawsuit?"
*** Depends on your answers to the above. Let us know the FULL facts and we will try to help. And without those answers..... no one can advise you.... and certainly NOT to go to the police as we don't know if you have a basis for a complaint or not.

Oh, and one more thing....
"Do you have a set of Keys to this car ? If so go get it.
If not have the police go with you to get it ."
Do NOT do that as it could get you in a LOT of trouble and subject to potential civil AND criminal charges!!