Q: My ex and I signed a car lease together. He was responsible for car payments and has his name on the title.
When my credit health was decreasing, he lied to me about making car payments. It got to the point where I offered and had sent him money to help pay for the monthly. Since he was responsible for the car, he hadn’t told me he put the car through collections either. He’s also lied about the car and whereabouts. Now the car has been repo’d and I have a bill from the DMV to pay the car registration fee. I want my ex to be financially responsible but I also want to know if I could sue him for not upholding his contract. What are my rights or if I have any
A:
Oh yes, you can sue him, and you have a very good case! But do you know what the problem is going to be? He is a deadbeat. People like him are irresponsible and they go through life wrecking the lives of the people around him. I predict that if you sue him, you're never going to be able to get him to pay you a dime.
Frankly, I think he has already moved on to another woman who is being victimized by him.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California law, when you co-sign a car lease with someone, both parties are typically equally responsible for the obligations under the lease, including making payments. If your ex was responsible for making payments based on an agreement between the two of you, and he failed to do so, this could be considered a breach of that agreement.
However, the car lease agreement with the leasing company is a separate matter. Both you and your ex are likely jointly liable to the leasing company, which means they can seek payment from either of you for any outstanding obligations, such as unpaid lease payments or fees associated with the repossession.
Regarding the car registration fee from the DMV, as a co-signer on the car lease, you may also be held responsible for this fee. Even if there was an agreement that your ex would handle these payments, the DMV can pursue either party listed on the vehicle registration for payment.
If you believe your ex has breached your agreement regarding the car payments, you may have the option to sue him for damages. This could include any financial losses you have incurred due to his failure to make payments as agreed. It's advisable to gather all relevant documentation, such as the lease agreement, records of payments made, and any communications between you and your ex regarding the car payments.
Consulting with a lawyer experienced in contract or consumer law in California can provide you with specific guidance and help you understand the best course of action in your situation. Legal aid services or local law clinics might offer support if cost is a concern.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
