Legal Question in Civil Litigation in California

civil matter

I stupidly tried to help out an acquintance. Took over car payments but did not get added to the title. I gave them my payment every month for the last year and half. Found out that recently they had not made payment when my car was repossesed by their bank. I had my belongings in the car and want them back. We had a notarized contract when we made the deal. What can I do to get my belongings back and is there anything I can do to get my car back or at least the money I put into it.


Asked on 8/17/06, 2:51 pm

3 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: civil matter

Yes, from the facts given so far, you have standing for either breach of contract, fraud and/or quantum meruit recovery for your out of pocket expenses, if not punitive damages, depending on the precise facts. If you would like prompt, affordable legal assistance in this matter, contact us directly today for a free phone consultation.

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Answered on 8/30/06, 1:35 am
Robert Mccoy Law Office Of Robert McCoy

Re: civil matter

As far as getting your belongings back, probably not. The company that repossesses the car is only required to give notice to those listed on the contract of sale. If your name is not on the contract as a co-signer, then you will not get notice and no opportunity to retrieve your items. But, even with the notice, by the time the person finds out where their car is, the tow yard will usually say something like this, "Those d..n theives, steal everything." But if your items have only personal value, they may still be in the car or held by the tow yard where the car is. You can try calling the finance company to see if they will help you find the car (but this is a long shot as finance companies have a reputation of refusing to do anything they are not required to do.) It sounds like the most realistic course of action for you is to sue the car owner. If you are out $7,000 or less, then sue the owner in small claims court. If you are out more, hire a lawyer. Due to the car owner's deception, you may be entitled to punitive damages, which could mean 2 to 3 times the amount of your losses.

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Answered on 8/30/06, 10:26 am
Terry A. Nelson Nelson & Lawless

Re: civil matter

About all you have is a lawsuit against them for taking your money. If they don't have assets, i.e. couldn't make the payments, what do you honestly expect to get out of the case?

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Answered on 8/30/06, 4:30 pm


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