Legal Question in Civil Litigation in California

In October of 2007 I took over payments on a 2005 Honda Civic. She couldnt afford the payments and I could not get a personal loan. We helped eachother out by her letting me pay off the car to own it and her leaving it in her name. I paid two years on this car and one day she decides to take it back. I have bank statements proving I wrote checks to her for 330.00 a month. Can I sue for the two years of payments I made with no written contract? I have witnesses that prove that was the deal. I actually met her through a friend of mine who was present at the time of the agreement but she is her manager so does not want to get involved. What can I do???


Asked on 10/23/09, 1:35 am

1 Answer from Attorneys

There is a cause of action called a "common count" under which you can recover money paid to or on behalf of another with the understanding that it would be compensated or repaid. In addition, an oral contract is enforceable. The time limit for bringing these actions, however, is two years. So you need to file ASAP. Fortunately each payment is a separate act, but each month of delay may mean $330 you can't recover. Small claims has a $7500 cap, but that's pretty close to what you've paid and the difference isnt worth the expense you would go to filing a regular superior court action.

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Answered on 10/28/09, 11:38 am


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