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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110560
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My x wife repowed my truck when i was current on payments

Customer Question

my x wife repowed my truck when i was current on payments we had a verbal agreement she got the loan for me and i would make the payments and have been for almost 2 years. what leagal action do i have
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Customer: no
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Customer: my x wife wanted me to get the loan in my name and from the beginning of the loan agreement it was if and when i could i would. she just thought i wouldnt be able to pay for it since i lost an account. i think she has other issues on her personal life so i get the anger since im not the one around day to day
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Customer: loan amount was for $20,000 i have paid it down to $10,000 over the last 2 years and the truck is worth about $17,000
Submitted: 5 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you had a verbal agreement and you can prove you remained current as agreed for over two years as you say, then you have to sue her for breach of contract. Ordinarily such contracts are not enforceable under the Statute of Frauds unless in writing, however an exception is where there is an oral agreement and a party is performing on the agreement in reliance that the other party will adhere to the agreement. Here you were paying in reliance you would keep the truck and she has breached that contract and caused you damages.
So you can sue her for all of the damage you suffered as a result of her taking the vehicle when you were current on payments.