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LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10484
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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About getting a car back, Massachusetts, car is 2009, Nope,

Customer Question

About getting a car back
JA: What state is this in? And how old is the car?
Customer: Massachusetts, car is 2009
JA: Have you talked to a lawyer yet?
Customer: Nope
JA: Anything else you think the lawyer should know?
Customer: Yeah so I kinda got forced into helping someone get a car. There is a car loan and it's under my name the only thing under her name is ***** ***** but she stopped paying me the car payment. I told her I was gunna take the car away if she doesn't pay me and she told me she would bring me to court for all the months she paid but she already owes me 1500
JA: When we are ready I'll take you to the appropriate web page.
Customer: Ready
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Consumer Protection Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.

I am sorry to hear this;

So a contract can be either oral or written; so if the parties had an agreement that one would obtain a loan and the buyer of the car would make payments to that person, that would be a binding contract. Proof of prior payments, along with proof that the person had the car insured, can help prove that the arrangement was intended.

An agreement must contain four essential elements to be regarded as a contract. If any one of them is missing, the agreement will not be legally binding.
1. Offer
2. Acceptance
3. Intention (meeting of the minds)
4. Consideration (fair value exchanged)

For breach of a contract, there is a material breach (goes to the very heart of the matter) and an immaterial breach (money damages will help compensate the plaintiff).

In cases of material breach, the party not in breach may revoke their acceptance, so goods/payment are returned.

For immaterial breach, the plaintiff is compensated by the defendant paying for the damages (ie cost of repair).

So normally for nonpayment of a contractual arrangement, the court will order the person to pay the lender- essentially issuing a judgment for the full amount owing (balance) plus costs incurred such as interest charges, attorney fees, and court costs.

Small claims is appropriate if the balance is less than $7,000 - otherwise the general civil court would be the proper venue.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 1 year ago.
The car is all messed up, it's keyed all around it.
Expert:  LegalGems replied 1 year ago.

That would not have an impact on the contract between the lender and the borrower; the court would still enforce the contract regardless of damage; presumably the incident was reported to insurance.

Customer: replied 1 year ago.
Who would be in trouble the lender or the borrower?
Expert:  LegalGems replied 1 year ago.

The court would likely order the borrower to pay the loan-if that's what they find the contract to be.

Expert:  LegalGems replied 1 year ago.

Checking in on the above;

Thanks for using Just Answer!