Santa Clara, CA asked in Small Claims for California

Q: Hello, i came up with am agreement on letting a friend take over my car payments becaise he needed a car and i had an

Extra one. He has since ghosted me, hasn't made any of the payments and won't return my texts or calls. How can I go about getting my vehicle back?

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1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: In California, when someone takes over your car payments but fails to fulfill their obligation, it's important to understand your legal options for reclaiming your vehicle. If the agreement was informal and not documented, this can make the process somewhat challenging, but there are steps you can take.

First, you should try to establish communication with your friend to resolve the issue amicably. If this proves unsuccessful and they continue to ignore your attempts at contact, you may need to consider legal action. It's advisable to gather all evidence of your agreement, such as texts, emails, or any written documentation that proves the arrangement and the failure to make payments.

Depending on the specifics of your situation, you may need to file a claim in small claims court or seek legal counsel for a more formal lawsuit, especially if the amount owed is significant. In California, small claims court can handle cases involving amounts up to $10,000 for individuals. This can be an effective way to pursue the return of your vehicle or the money owed to you. Remember, taking legal steps should be a last resort, after all attempts to resolve the matter directly have been exhausted.

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