Over a vehicle

[ObsceneBlue]

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

In 2010 I bought a vehicle for my ex to drive as her primary vehicle. She did not sign any of the papers because her credit was horrible but we did trade in her existing vehicle which after trade-in value still had an outstanding balance. My name was not on the vehicle we traded in as she had it before we met. In 2012 we split up and she was to continue driving the new vehicle so long as she made the payments, she didn't and in march of 2013 I asked her to pay down the balance of the vehicle so that it could be put into her name, obviously that didn't go well. Is it a legitimate to sue for the outstanding balance of the vehicle we traded in and am I within statues of limitations?

 

[BL]

So the vehicle is actually yours , in your name ,everything .

She is and has been driving it and suppose to make the payments .

In short it is like she has been driving your vehicle . Go retrieve it ,you have the prove it's yours .

The money she has pd. out is the price of using it .

 

[ObsceneBlue]

Yes, the vehicle is in my name and I have since taken the vehicle back because she felt it was no longer her responsibility to pay for the vehicle.

I'll use an example to see if it helps:

10,000 for the vehicle I bought
+ 5,000 for the trade in - was her's and never in my name.
15,000 for the total loan


Since the trade in was never in my name am I able to sue for the 5,000 or am I just chasing the wind?

 

[LdiJ]

Yes, the vehicle is in my name and I have since taken the vehicle back because she felt it was no longer her responsibility to pay for the vehicle.

I'll use an example to see if it helps:

10,000 for the vehicle I bought
+ 5,000 for the trade in - was her's and never in my name.
15,000 for the total loan


Since the trade in was never in my name am I able to sue for the 5,000 or am I just chasing the wind?

So, you are saying that the trade in still had money owed on it and that money got rolled into the new loan? That there was no equity in the trade in? It did not reduce the price of the new car at all? In your example the sales price for the new car was the 10k financed? There was no down payment from the trade in?

I would want to know the full details on the original transaction, the value of the car today, and the remaining balance on the loan before I would be willing to comment.

 

[ObsceneBlue]

21,500 value of vehicle
2,400 rolled over amount of trade in(5,500 left on loan - 3,100 trade in value= 2,400)
2,900 fees/licenses/insurances
26,800 total loan

I still owe roughly 15,000 at this point and the bank has told me to refinance they need the loan down to 12,500

None of this includes the numerous missed payments that I covered for her, which I realize I will likely never see myself compensated for.

 

[quincy]

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

In 2010 I bought a vehicle for my ex to drive as her primary vehicle. She did not sign any of the papers ...

You say you bought the vehicle for your ex and her name is not on any of the papers. You now have the car that she helped purchase (through her trade-in). You are the one who is responsible for (both before and now) all of the payments on the car.

I do not see that you have any legitimate cause to sue your ex for anything related to the car - or are you concerned that she may sue YOU for the money she invested in the car?

 

[ObsceneBlue]

No, I don't think she will sue me for anything.

When the vehicle was bought, we had verbally agreed that she was responsible for making the payments. That agreement was still in affect when we split, until I asked that she have the vehicle put into her name so that I would no longer have it on my credit. She threw the keys at me and said she didn't have to deal with it, it wasn't in her name.

I just felt that since the trade in was her vehicle and it had actually added to the loan that she should have to cover that amount. It would seem that is what is "fair/right," but that's not exactly the way things work and I certainly should have protected myself better than I did.

 

[quincy]

No, I don't think she will sue me for anything.

When the vehicle was bought, we had verbally agreed that she was responsible for making the payments. That agreement was still in affect when we split, until I asked that she have the vehicle put into her name so that I would no longer have it on my credit. She threw the keys at me and said she didn't have to deal with it, it wasn't in her name.

I just felt that since the trade in was her vehicle and it had actually added to the loan that she should have to cover that amount. It would seem that is what is "fair/right," but that's not exactly the way things work and I certainly should have protected myself better than I did.

If you want the best shot at enforcing a contract, that contract should be written and signed by all parties involved. Oral agreements are difficult to support and, based solely on what you have written here, I would not expect a court to honor it - especially since you now have the car in your possession and she could always argue that the car was a gift to her from you (hence her giving up her older car).

But you can always have the facts reviewed by an attorney in your area for a better assessment.

 

[ObsceneBlue]

Thanks for the input

 

[quincy]

Thanks for the input

You're welcome, ObsceneBlue.

And, on the positive side, at least you got the car back and you will probably make sure in the future to have all agreements in writing.