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Car given as gift--now wants payment.

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slufferk

Junior Member
I'm in California and involved in a dispute with my Mom. Three years ago she bought me a car (in my name) with gambling winnings that she had won. This was a gift and she says as much. Now, my Mom and Dad have recently divorced and she forwards me an official car bill saying that the car isn't completely paid off (there is about $2,000 left on it) and since I am being nicer to my Dad then her she won't pay for the car anymore even though it was a gift (which she does not deny). So, I am not sure what to do or if I even have a case. I can't exactly afford the car payment since I was just laid off from my job (she knows I can't afford it, and it feels she is playing an abusive game with me) so my Father told me to take her to small claims court since he thought the car was paid off in full but it obviously wasn't. I really don't want to take anyone to court, but want to know if I have a case. While the car being a gift is not in writing, everyone knows it was a gift and she says it was a gift but she doesn't want to pay for it anymore since I don't show her the respect she thinks she deserves after cheating on my Father.
 


OHRoadwarrior

Senior Member
It does not appear you have a compelling argument. Since the car is in your name, you can continue to pay on it or sell it and pay off the loan.
 

Zigner

Senior Member, Non-Attorney
How did mom finance a car without having her name attached to the loan/title?
 

slufferk

Junior Member
There is not a lien on the title. My Mom told me she wanted to buy me a car and took me to the dealership and I picked out a car. It's all in my name, but the bills were forwarded to her (by the dealership, at her request) and told me it was already paid off...but obviously not.
 

Zigner

Senior Member, Non-Attorney
There is not a lien on the title. My Mom told me she wanted to buy me a car and took me to the dealership and I picked out a car. It's all in my name, but the bills were forwarded to her (by the dealership, at her request) and told me it was already paid off...but obviously not.
What kind of dealer did you go to that would grant a loan on a vehicle without placing a lien on said vehicle?
 

slufferk

Junior Member
Zigner---Sorry, YES there is a lien on the car with the dealership. The bill (from Honda Financial Services) says that there is 1,298.23 on the car due. The Total amount due on the slip is 0.00 meaning I think she paid most of it off prior.
 

Zigner

Senior Member, Non-Attorney
Ok, let's be clear here. Your mom helped you buy a car and has been making payments on your behalf, right?
 

OHRoadwarrior

Senior Member
Zigner---Sorry, YES there is a lien on the car with the dealership. The bill (from Honda Financial Services) says that there is 1,298.23 on the car due. The Total amount due on the slip is 0.00 meaning I think she paid most of it off prior.
It means she has it paid ahead. Being of sound mind, I would get a job and pay off the car.
 

slufferk

Junior Member
No, my Mom won a bunch of money gambling and said she wanted to buy me a new car with her winnings. I had a perfectly fine car at the time, but she thought I needed a new one and wouldn't take no for an answer so I traded it in. I assumed she paid it all off soon after I received the car, but obviously she didn't.
 

slufferk

Junior Member
It just makes me sad that she is doing this. She knows I was recently laid off from my job and have an accumulation of medical bills from cancer treatment.
 

OHRoadwarrior

Senior Member
It just makes me sad that she is doing this. She knows I was recently laid off from my job and have an accumulation of medical bills from cancer treatment.
Our children must learn to fly on their own sometime. If we as parents wait until it is convenient for them, it will likely be after our death, when they inherit our estate.
 

slufferk

Junior Member
Whatever are you talking about?! I'm 40+ years old and have had a successful job since graduating from college until I was just laid off. I haven't had help from anyone in my family financially (even when I had cancer and now have huge bills from it!), nor have I ever asked for finical help for anything. My Mother insisted on buying me a new car three + years ago with her winnings, but obviously now has ulterior motives based on her moods after my Father divorced her.
 

jiggy78

Member
Your mother did not force you to buy a car in your name. Nobody is going to buy that hogwash. It sounds like she agreed to make payments on your behalf and then stopped. Unless you have something to prove she agreed to pay off the car entirely then it's your obligation.
 

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