Legal Question in Credit and Debt Law in Pennsylvania

7 months ago a person bought me a vehcile with a cashiers check and the vehicle is has no lien on it and is under my name and the check was written out to me, can that person sue me for the vehicle back or the money for the vehicle


Asked on 11/06/11, 8:59 am

1 Answer from Attorneys

Why is this an issue? There is a whole lot more information which you are not divulging which may affect the legal advice.

Technically, a gift is a gift - if the car is in your name, then its your car. If there is no lien, the car is yours.

I don't know what transpired between you and your friend. It is an awfully good friend to just buy you a car with no strings attached. So why would you be concerned about a lawsuit? Ise he/she now asking for the money back? Or were you to repay the money? Is there a writing? Did you make any partial payments if there was some type of agreement?

Anybody can sue anyone else at any time for anything. The question is not whether you can be sued, but what you can be sued for. Anyone who sues you has to have grounds to sue and that has to be based on something.

As applied here, the cashier's check just indicates that you got the funds. However, it does not tell me whether the funds were a gift or a loan. Gifts do not have to be given back, but if there is some evidence of a loan, then you may have to pay the funds back.

Try adding some more details and re-posing your question if you want further advice.

Read more
Answered on 11/07/11, 9:17 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Pennsylvania