Filing Suit and Need Advice

Status
Not open for further replies.

Tesstrueheart

New Member
I am going to file a small claims suit to recover payments made on behalf of a soon to be ex in-law. I'd like opinions as to whether I have a legitimate case.

Note: There is no written nor verbal agreement. She was in such trouble and I foolishly wanted to help.

Anyway to try to keep it as short as possible, I have shelled out:

1. Down payment made on an auto loan
2. Cosigned auto loan (and she is not making timely payment and has no insurance, she has also violated the agreement requiring parties to maintain the same address.
3. Paid on the collection of debt incurred prior to becoming an "in-law" in this
4. 1/3 lease agreement she moved out without notice

The person in question has informed me that since there was no written/verbal agreement that she is not obligated to pay and she will not pay. Says the landlord can speak to her about the lease if he wants to.

She is in possession of the auto and has derived sole benefit of the debt payment. I believe that she accepted the money knowing that my intent was to help the FAMILY situation, and less than 6 months later moved away without notice. I believe this is unjust enrichment, theft by deception, etc. That may be a stretch, but there must be something that I can do.

I am going to file suit, but do I even have a case?
 
Note: There is no written nor verbal agreement. She was in such trouble and I foolishly wanted to help.

It was a gift and there was no agreement; thus, no case.
 
I am confused so u gave her the down payment and co signed the loan and never told her is was a loan???? If you told here it was a loan she will have to pay it back it is her word against yours . Why would someone assume it was a gift. Her word against yours JUST say it was a loan and she assumed she didn't have to pay it back is stupid .Your not in the business of buying cars and co signing loans without expecting the money back Your word against hers. File the suit let the judge make the ruling.
 
Status
Not open for further replies.
Back
Top