Legal Question in Civil Rights Law in North Carolina
Car in one person names but another person making payments
Yes I put a 1994 Honda Accord in my name for a friend who didn't have good credit. We don't have any kind of written agreement about the payments. They have made all the payments either cash, money order, or i write a check from my bank account. Two payments they made w/thier check. As of now I want my car back but they are saying that they are going to take me to court. I'm thinking there is nothing they can do b/c technically the car is mine but in common sense terms the car is theirs. So, can they take me to court?
2 Answers from Attorneys
Re: Car in one person names but another person making payments
I assume the car cost more than $500? An oral contract for goods valued at more than $500 is unenforceable uless it is a written contract. It was unclear whether there was acontract for the car but nothing was said about the manner of payment.i.e. monthly, yearly ? If there is a written contract between you and your X-friends to purchase the car and for example the contract stated that they would pay off the car befor they received the pink slip or some other such arrangment showing that they had to either purchase the car or to pay you back at sometime, they may be able to keep the car. Either way, they can "take you to court." If they do not get the car, they can likely recover all payments paid for the car by them from you.
Re: Car in one person names but another person making payments
You sat there is "no agreement," but, in fact you had an agreement, although not in writing. There are two kinds of title, legal and equitable. Your friend seem to have a claim for equitable title and can enforce that against you.
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