Chicago, IL asked in Contracts for Illinois

Q: Question regarding contract, take over vehicle payment

Hi. A women took over payments on my vehicle. She neglected to make the last payment. She stated to me that she lost her debit card, then she told me she would pay it when she got paid. Now, 3 weeks later, she states that I overcharged her by 3,000. The contract states that she must make 48 payments of $325 "for a total of 12,275 principal balance". She states that because of the way it was worded that she was not responsible for the bank interest that was included in the $325, which was the actual car payment that I made to Chase. Obviously she is simply playing on the words. The contract also states that if she misses a payment, that the contract is void and the previous payments would be considered as rent, so I would think that she would try to be reasonable here. Does she actually have a leg to stand on?

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1 Lawyer Answer
Mazyar M. Hedayat
Mazyar M. Hedayat
  • Romeoville, IL
  • Licensed in Illinois

A: While you do a good job of describing your situation, the premise of your story - that someone "took over payments" as to your vehicle - has no legal basis. In short, you are responsible to make payments on account of all assets secured by debt. Regardless of what arrangements you make with 3rd parties, you remain solely and primarily liable. Put another way, you must make your last payment as well as any penalties and interest. As for the 3rd party, it sounds as if she is not entitled to take the vehicle because she did not comply with your agreement. That said, she may - but there is no way of knowing at this point - be able to make a case that you charged her more than was agreed (i.e. that you "overcharged" her). I recommend speaking with an Attorney about defending yourself should this woman bring a lawsuit. Best of luck.

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