taking over someones car loan/now they want it back

[rollade]

Ok, My sister and her husband are getting divorced. When they seprated she got the truck that was in his name and he got the car that was in his name. My sister could not afford the truck and my brother gave her a car to drive so she did not need the truck. She tried to give it back to her exhusband (to be) and he would not take it back. Neither one of them could afford the payment now that they were not together. They tried to sell it but no luck. She then came to me and asked me if I wanted to buy it and just take over the payments. I first spoke to her husband and made sure it was OK. He agreed. There was no written agreement only verbal.I had made 5 payments on it approx $300.00 a month plus a new battery (it is a 1992 ford explorer). Prior to me taking over the payments my sister bounced a check to the credit company for the truck ( I did not know this, at the time). So when I made my payments they were counting it for the month previous. Until it was cleared up. My brother in law knew of the problem and we discussed it several times and he knew it was her fault... I have checks that show I paid all my payments on time. Anyway he can't get credit cause he is over extended so he now wants the truck back. He wants to sell his car cause he can get what he owes to pay off his loan and now drive the truck. The reason I did not put the truck in my name was because they owed too much on the loan and I was not going to pay that much for the truck. It was agreed that when they got divorced they would pay me the difference (such as they owed $10,000, they were selling it to me for $7500 and they would pay the difference) at that time I would put it in my name. By the way this is a 1992 ford explorer. I was not renting a 1992 car for $300.00 a month I was buying one. I could have leased a 2000 for the same price. He says since the payments were late and that makes the contract void. If that was the case he should have asked for the truck back the first month. We told him we wanted $500.00 from him and we ARE giving the truck back we don't trust him now. we came up with $500.00 cause we put $1600.00 into it and we only drove it for 6 weeks ( my husband travels and it was his car), we thought it was only fair to pay for 2 months and then the difference of the $1000.00 was split between him and my sister so he would owe us $500.00...He told us he won't give us a cent...DO you think he owes us ANYTHING or we have any recourse in small claims court...I feel he is backing out on the contract and we should get something.. Please advise I live in Illinois

[Edited by rollade on 01-17-2001 at 04:59 PM]

 

[TimC]

Just take a copy of your signed contract between the two of you to a judge and everything will be OK.

 

[Traceyelisabeth]

Even though you don't have a written contract, I would think that your canceled checks would help prove your case. Did you write the checks to the bank or your sister/brother-in-law? Did you get insurance on the vechile? These will help to prove your case. The one thing I have learned, and I learned it the hard way, always get it in writing. It may seem awkward to ask a friend or family member to "Please sign on the dotted line" but sometimes the people we trust the most are the people we should trust the least. I hope I have helped you.