Getting Money Back from Ex-Boyfriend After Helping Him Buy a Car
My question involves small claims court in the state of: California
I know I was stupid bought a car for my boyfriend where he made promises to pay for payments if I would use my credit. I now own the car and I am waiting for my now ex-boyfriend to pay me back for the purchase of the car.
Is my only option to take the car back and resell it? It was bought for $10,000 and is now only worth $3,000. Not to mention all the other loans I gave him. I am out quite a bit of money and am now unemployed which doesn't help since he is not paying me back.
Just wondering if it is even worth taking him to court over. I do have a document that we signed that says he will pay me for the car however.
Re: Getting Money Back from Ex-Boyfriend After Helping Him Buy a Car
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Quoting
jewelskwil
My question involves small claims court in the state of: California
I know I was stupid bought a car for my boyfriend where he made promises to pay for payments if I would use my credit. I now own the car and I am waiting for my now ex-boyfriend to pay me back for the purchase of the car.
Is my only option to take the car back and resell it? It was bought for $10,000 and is now only worth $3,000. Not to mention all the other loans I gave him. I am out quite a bit of money and am now unemployed which doesn't help since he is not paying me back.
Just wondering if it is even worth taking him to court over. I do have a document that we signed that says he will pay me for the car however.
Well sure, if you're going to transfer the title after he's paid.
But you understand you won't get both, correct?
Re: Getting Money Back from Ex-Boyfriend After Helping Him Buy a Car
Not really an answer.
Can I sue him to get money back or not?
Re: Getting Money Back from Ex-Boyfriend After Helping Him Buy a Car
Anyone can sue anyone for anything in this country.
Again though - you don't get to keep the car AND have him pay for it. Pick one. If you don't want the car, drop it off and sue him for the money.
If you want the car, you don't get to sue him.
That clearer?
Re: Getting Money Back from Ex-Boyfriend After Helping Him Buy a Car
I guess you are not understanding my question. He has the car, has driven the car for several years, and has not paid me for the car which we have an agreement for. I own the car and have the title. I just want to make sure that I have a legal case at all. I want the money since he owes me way more than the car is worth and we had an agreement that he pay for the car. The last payment was in january. and all I ever do is wait, threaten a lawsuit and then get some money and then wait again. I want to know if it is worth pursuing this or not. Has anyone else won a case like this in my situation because my only experience is watching Judge Judy,(lol) who probably would not give me a cent.
Re: Getting Money Back from Ex-Boyfriend After Helping Him Buy a Car
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Quoting
jewelskwil
Is my only option to take the car back and resell it?
You appear to be stating that you purchased the car several years ago for $10,000, have now paid it off, and it's now worth $3,000. You also appear to hold title to the vehicle. Options that occur to me (and there may be others that haven't yet occurred to me) include:
1. Sue him for the amount he was supposed to pay you for the car, apparently $10,000, and title the car over to him if and when he pays. Note that you can only sue for up to $7,500 in small claims court, so if you choose to sue in that court you would waive part of your claim.
2. Sell the car and sue him for the difference between fair market value (apparently @$3,000) and the amount he was supposed to pay you for the car ($10,000), i.e., $7,000.
You would want to be prepared to present the court with whatever documentation you have of the agreement regarding the car, as your ex- may claim it was a gift or that you loaned him the car without expectation of payment.
If you can prove to a court that he has borrowed money at other times and has not repaid you can also consider suing for that money; although if you're suing in small claims court you would likely not want to include other debts in the car lawsuit due to the aforementioned jurisdictional limit.
From what you've told us so far, I wouldn't be particularly optimistic that he'll pay a judgment.