Q: I took over payments on a car from someone. Kept the car in their name. The car was repo'd today. Criminal or civil?
In May I gave a $2500 deposit and have been paying monthly 400 of a 700 payment. The car was repossessed this morning because the owner I was paying fell behind. Do I have civil only or criminal recourse in this situation?
A: it depends on what kind of agreement you had with the owner, whether it was verbal or in writing, and whether you can prove it. Your potential case is against the owner but if you were paying a partial payment to the owner to use the vehicle and you got to use the vehicle it is possible that the court can determine that you got what you paid for and are not entitled to anything else. Of, and this is a civil matter only.
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A:
This is a civil matter and a good example why abnormal transactions will come back to bite you. You probably had good intentions to leave the car in the other person's name, to keep the loan from coming due, but it was a fraud on the loan company, and now you do not have any ownership interest in the car. You basically threw your money away unless you can sue the seller and get your money back due to his fraud in not paying the loan. A maxim of jurisprudence is Acquiescence in error takes away the right of objecting to it. and He who consents to an act is not wronged by it. Consult with a personal injury attorney in your area. Resort to small claims.
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