Legal Question in Civil Litigation in California

Re: I let barrow some money

What was your agreement with this guy? Let me know what you guys discussed and agreed upon.

I don't know what the value of a pink slip is. My understanding is that he can claim he lost it and get a duplicate pink slip anyway. Then he can sell the truck from under your nose.

Re: I let barrow some money

At least you "hold" the pink slip to show the court as evidence that there was a loan, but simply holding the pink slip doesn't do much else for you. You are going to have to file a law suit. Keep in mind, however, that filing a lawsuit doesn't automatically mean that you are going to have to go all the way to trial. As an old lawyer I used to know said: A lawsuit is merely an invitation to come to the party. :)

Re: I let barrow some money

Hope the truck is worth $27,000.

Have a key made and, if you can do so peaceably, drive it away or have a professional repo person do it.

You can also hire a lawyer and take him to court, but, like you said, you have no other proof that he owes $27,000. You also might find out he doesn't have anything you could get in a lawsuit that would be worth that much.

Re: I let barrow some money

Are you asking how to enforce this? Or are you asking how to show you have the contractual agreement?

To enforce, you just have the truck taken by the police. It is your property if you have the pink slip.

However, if you are interested in enforcing the contract, as I suspect you are, you will need to file an action against him in Superior Court and state that the agreement was an oral agreement. Oral agreements are not as rock solid as written ones, however, that does not mean they do not exist and are not enforceable. Your evidence of the terms of your agreement is the pink slip that you have that he signed over to you.

Think about it...why would you have the pink slip to his truck if you had not lent him the money in exchange for it. Let this person try to explain their way out of that one.

As I stated before, another alternative is for you to levy the truck and sell it off. The other person would still be liable for any difference in value.

Please feel free to contact me at the number and/or email provided by LawGuru. Additionally, you can learn a little more about our firm as well as some very useful information regarding businesses on our firm's website RulesOfEmployment.com.

Re: I let barrow some money

Without more, what are you going to do with a pink slip?

Did he sign it over to you?

Did he grant you a lien?

These are important. If you do not hold a security interest, then the truck is worthless. If you have a written agreement that permits you to foreclose on your security interest, then you can likely repossess the vehicle.

If not, you may be left with having to simply sue him in an old fashioned lawsuit for breach of promissory note.

Do you have a note that he signed to evidence the loan? If not, then you will sue for failure to repay monies loaned. You can get 10% interest from the date that it was due.

It sounds as if your friend (ex-friend) needs to be pushed into repayment. A lawsuit may be in order.

Re: I let barrow some money

You've got a serious problem friend. Unless he actually SIGNED over the title to you, just 'holding' the pink slip still in his name gives you no right to take the vehicle. If he did sign it, you could pick up the car as long as you don't end up in an altercation. If title is not signed over, you should contact DMV and try to change title to your name, or at least put your claim to title on file. The title, whether signed or not, is evidence of your agreement in a lawsuit; file suit if need be and put a notice of lien on title.