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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I took on an auto loan female friend--in a separate

Customer Question

I took on an auto loan for a female friend--in a separate agreement she agreed to make payments ,obtain coverage, and assume all other expenses. she did this for a year,then abruptly stopped her agreement and blocked me from all form of contact with her.
She is now 4 months behind and the bank is calling me every day wanting a payment. she may be moving back and forth between NV and CA.
What are my options?
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Your resolution here is to sue your friend for breach of contract.

Depending on how much she owes you, you may be able to sue her in small claims court (both CA and NV have jurisdictional limits of $10,000.00). If the amount owed is greater than this, you must sue in general civil court (where the procedure is more complex and takes longer (assuming she actually appears in court and tries to defend the action).

As part of your lawsuit, you can ask for both money damages, and "declaratory relief" - ask that the court issue an order returning the vehicle to you.

Until you get the court order requiring the vehicle to be returned you are not going to be able to force her to give it back (repo companies cannot enforce your side contract).

Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.

Customer: replied 1 year ago.
The written and notarized agreement between us carries no weight?
Expert:  CalAttorney2 replied 1 year ago.

I don't think that is what I said.

You can sue the friend for breach of contract. She is in violation of that contract, and she owes you the money.