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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Have a complicated matter second car. Ex

Customer Question

Hello have a complicated matter second car. Ex boyfriend. and him not paying the rest of the debts. The car is in NY.
Submitted: 2 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your post. Please permit me to assist you with your concerns.
If I may ask, you mentioned that he had until end of last year to pay--was this a private agreement, or an agreement via the courts? How much is still owed for the vehicle? Who exactly is listed on title?
Customer: replied 2 years ago.
Hello Dimitry,
It was a private contract signed by both of us via email scans and never notarized. The vehicle is paid off but the remaining 5 debts which were part of this contract equal $80k which he was assuming these debts in good faith of my selling him the car. I supported him for nearly three years with many promises of payback. The car is in my name, my credit union, my insurance. He did finally payoff the car of $17000 but nothing more. He is still under AZ license plates that have expired in March 2015. My insurance is State Farm and they said I am legally responsible for any accidents, deaths, property damage etc. This is my reason for wanting to be done completely with this contract. He refuses to pay any insurance further, breach of contract, has no intension of paying these other debts and said so in text messages last communicated on June 1, 2015. Statefarm believe I am at a point of needing to call it in stolen. I have no idea of the whereabouts of the vehicle, his current address or employer if he is even working.
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up.
I see. This is a fairly complicated issue. This isn't a 'stolen' car because you gave him the right to use it, so no educated police officer would draft this order in such a manner. Here, you need to find him, and sue for 'breach of contract'. Likewise, if you can somehow find the car, get a repo company to take the car back because what you were told about liability is 100% correct--if the car is in your name and he crashes it, for example, you would be liable to damages to third parties. Therefore you have no choice, you may want to even invest into a private investigator to see if you can track and find him so that this can give you the ability to take the car back and limit your exposure.
Dimitry, Esq.