Legal Question in Civil Litigation in West Virginia

Verbal contracts&Money loaned

I helped a friend to pay some bills, get her license back and to buy a vehicle.We were living together and I had to put her out do to drinking problems. She made one payment before being put out. She promise that without fail I would receive a payment the first of every month till paid off. I have seen nothing since she saya there is no contract and I don't have shit. I hold the title to the vehicle and some of her furniture. I have cancled checks for the loan of the money and the purchase of the vehicle. Question is can I collect she works at a bar paid under the table. Can I demand the return of the vehicle to sell to recoop part of my money or not? And what about the furniture she wants it but can't find help to come get it. Can I claim it as payment and right that much off and take the vehicle as well?


Asked on 8/27/02, 12:09 am

1 Answer from Attorneys

David Schles Law Office of David Schles

Re: Verbal contracts&Money loaned

If you hold clear title to the vehicle, the law will presume that you are the owner of the vehicle.(Holding title is not the same as being liable on the loan. The title is a certificate of ownership issued by the State. If you don't have title but merely are obligated on the note, you may not take the car.) With clear title, you may retrieve (repossess) the vehicle as long as you don't break other laws in doing so. I would advise taking it from a public place rather than entering her property.

You should hold on to the furniture and tell her that if she wants it she must sue you. She probably won't but if she does you can counter-claim for the outstanding debts and ask the court to award you the furniture as payment for the debts.

As for collecting money from her. I think you already know the answer. If you get the car and keep the furniture you should consider yourself lucky. You can't get blood from a stone and she sounds as if she is what lawyers call "judgment proof." The time and expense of attempting to collect a judgment are not worth the effort if she has no substantial assets and no attachable wages. You should only consider a claim for the money she owes you if she sues you first.

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Answered on 8/27/02, 1:49 pm


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