[Ben26]

My question involves an auto loan or repossession in the State of: CA


I purchased a used vehicle from a friend of mine Ive known many years. The car was $12,500. I gave him $8500 up front and recieved the title in my name from DMV. We agreed that I would pay him $500 dollars a month to pay off the remaining $4000. The remiander currently is $1500. I have payed every payment on time w/o default. He wants the money quicker than previously agreed and is now threatening to sue for reposession of the vehicle in small claims court. Here are my questons:

1. What can he do if the title is in my name?
2. The car title and registration was originally in his mom's name, not his. Can he go to court if the car was not legally his?
3. He has a contract w/ my forged signature on it. My girlfriend, w/o my permission or knowledge, signed my name to it, thinking it was for the transefer of title. That's what he told her. Would that hold up in court??

If you took the time to read this, then I thank you in advance. I am not too familiar with what laws/cases/precedents would apply to this situation, ut ANY AND ALL HELP is greatly appreciated.

[glockguy]

wow, some friend huh? if he does sue, it will take a while to get it going, if you already have the title to the car, theres not a lot he can do, if I were you, I would borrow 1500 bucks and pay him off, get it notorized that the car was paid in full, you can even borrow 1500 against the car, using it as collateral if you don't have the payoff now......good luck

[aaron]

He can't "repo" a car if he's not on the title as a lien holder.

He could sue you for the money, but if he can't demonstrate a breach of your agreement he shouldn't be able to win.

I have no idea what is in the "agreement" your girlfriend signed. It could be difficult and expensive to try to prove that it is a forgery.

[Ben26]

The "agreement" stated, in vague language, that if the balance was not paid with a certain amount of time, the car would be taken back and all monies paid to date would be forfeited to the seller.

The contract is quite vague. It does NOT state the following: Pay off date, monthly due date of each payment, amount to be paid every month, etc. It doesn't seem to have all the properties required to make it a valid contract.

Also, the contract was presented under false pretenses almost a month after I purchased the vehicle. He showed up at my house at 6am to bring me the signed transfer papers from his mom (car was in her name). My girlfriend went downstairs to meet him, half asleep, and he said for her to sign my name to this. So she did. Not smart, I admit.

Is the agreement/contract valid w/ a forged signature? Is there any law or civil code I can reference?

Thanks.

[Happy Trails]

Of course it is not a valid contract. You didn't sign it, so you didn't agree with what was written on the paper.

ESSENTIAL ELEMENTS OF CONTRACT

Under the Civil Code of California it is essential to the existence of a contract that there
be:

1. Parties capable of contracting;
2. Their consent;
3. Lawful object; and
4. A sufficient consideration.

CONTRACTS IN GENERAL

[Ben26]

Ok. Now, if this goes to court, will my girlfriend get in trouble, for signing my name, once this is revealed??

[Ben26]

Also what is considered "sufficient consideration" in the state of California?

[cyjeff]

Your girlfriend did commit fraud. Probably won't be prosecuted though.

Here is what you do. You take your title down to your local bank and take out a 1500 loan with the car as collateral.