Legal Question in Civil Litigation in Maryland

Friend Paying for my car

I took out a loan to assist my boyfriend to get a truck. He traded his car in for $2,900 towards the truck.

The truck and insurance is in my name. Our verbal agreement was he would be responsible for the payment of the truck and insurance which would be added to my policy. For the past 3 months I have been paying for the insurance because he is not returning my calls.

DoI have the legal right to repossess this truck and sell it to repay my loan? Will I be responsible to repay him his down payment and all the payments he has made so far for the truck?

thanks


Asked on 10/21/02, 4:07 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Friend Paying for my car

Since the truck is legally titled in your name, you could bring a suit, known as a replevin action, against your boyfriend in the local District Court of Maryland. This suit seeks a court order requiring your boyfriend to return your property to you. If your boyfriend's failure to live up to your agreement regarding who is supposed to be making the payments has caused you unnecessary expenditures, you can ask the court to require him to reimburse you as part of the suit. If you stop making the payments on the loan and the loan was for direct financing of the truck, the lender will have the truck repossessed and sell it to recover its losses. If there is still money owed to them after that, they'll sue you. You could then bring your boyfriend into the suit since he's the one who benefitted from the truck. Of course, this will have an adverse impact on your credit rating.

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Answered on 10/22/02, 10:26 am


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