Legal Question in Real Estate Law in Arizona

Car Payoff

In 2006 a car financed by me solely was being driven by a boyfriend. The car was stolen while he was driving it, with my permission. The insurance paid the blue book value leaving a $2,700 deficit that I financed on a credit card. The boyfriend ''promised'' to pay the card off. Credit card has never been used for anything (no additional purchases) and only reflects the balance remaining on the car payoff. He has made minimum payments timely, but is now not my boyfriend and is threatening to leave me with the debt. What are my options legally to recover the remaining balance of $2557?


Asked on 5/05/09, 1:05 am

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Re: Car Payoff

You can bring an action in small claims court and get a judgment against him. You will have to prove that the damages were the result of his negligence and/or that he agreed to be liable for the debt. If his promise was only an agreement to make a gift to you, because he felt badly that the car was stolen while he was in possession, then an agreement to make a gift is not enforceable. The burden is yours to prove that he is liable for the credit card charges.

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Answered on 5/05/09, 1:15 am


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