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Law Educator, Esq.
Law Educator, Esq., Attorney
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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About three years ago, to be exact 10/27/2008, i bought a car

Resolved Question:

About three years ago, to be exact 10/27/2008, i bought a car and traded in my old car to a dealership. At the time, my FICA scores, could not let me get a car from this dealer. So, i turned to my Girl friend at the time, to help me secure the car. The implied contract between me and her was as long as i make the payments on time, she has no problem using her Name to get the car for me. I paid, the down payment and still to date still pay for the car promptly and on time have never been late to make a payment for the car, and insurance and even yearly tags. So, far i have made 36 payments and the terms on the car loan was for 48 months. About, a week ago, now my estranged girl friend came and towed the car At night without my knowledge and consent. When i call the police to report the matter, i was adiviced the matter was civil and their is nothing they can do to get the car because the car is registered to my estranged girlfriend name.....My question, is how do i go about to collect what is owed to me minus depreciation cost of the car??????Please, some one help me.
Submitted: 5 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 years ago.
It is a civil suit and now you have to sue her and prove payments made by you and you can sue her for all of your payments on the car or for return of the car. You do not figure depreciation, let her argue that in her defense. You show up and demand all of your money you paid on the car in your suit against her or in the alternative for return of the car and then she would have to raise depreciation and use as her defense.

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Customer: replied 5 years ago.
My question was, how do i sue???Can, i do it without a lawyer? I talked to one lawyer who wanted to take this case, but his retaining fee is too much $2,500. I can not sue in small claims court coz, my claim is over $4000. Could you please advice me on the best course of action to take at a bare mimumal cost??
Expert:  Law Educator, Esq. replied 5 years ago.
You will not be able to sue in small claims anyhow because they do not have power to order her to return the car. You will need an attorney to file suit and you need to shop around for an attorney and if you cannot afford one, go to legal aid and also call the state bar and ask for the pro bono attorneys in your area. Additionally, if you cannot find an attorney, you will need to go to the court library and ask for the form books and get the forms to file a complaint against her in the civil court and you will have to proceed without an attorney.
Customer: replied 5 years ago.

Thanks, XXXXX XXXXX insight. Since the was no written contract between me and her, do you think implied contract can be argured on this case scenerio?????


Expert:  Law Educator, Esq. replied 5 years ago.
It would be an oral contract and an exemption to the statute of frauds which requires a written contract since you can prove you have been making all of the payments.
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