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My boyfriend just recieved paperwork from a girl who bought him a truck. He had lost his job and couldn't pay the loan she took out for him.  He returned the truck, she sold it. and is now harassing him for the amount of the loan, his name was never on the loan. they never had anything in writing but there are emails and txt messages back and forth saying he'll give her money. but that was also before she took the truck back. She filed a suit against him in civil court. sent the paper work to his dad who has the same name as him. and is now sueing him saying he was served. I guess my question is can she do that if his name was never on the loan, she took the truck back and sold it and never had him served ..... this girl is a nightmare

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My boyfriend just recieved paperwork from a girl who bought him a truck.

 

I assume this "paperwork" relates to the lawsuit she filed against him.  Correct?

 

 

 

He returned the truck, she sold it. and is now harassing him for the amount of the loan

 

I assume that selling the truck did not generate enough $$ to pay off the loan and that your boyfriend left his ex holding the bag for the balance.  Correct?

 

 

 

She filed a suit against him in civil court. sent the paper work to his dad who has the same name as him. and is now sueing him saying he was served. I guess my question is can she do that if his name was never on the loan, she took the truck back and sold it and never had him served

 

If she has done these things, then she obviously can do them.  If she sued your boyfriend but mistakenly served his father, that's not proper service.  However, since he apparently has received the paperwork that was served on his father, there's little point in making a stink about that.

 

If what you really want to know is whether your boyfriend is liable for the balance of the loan not covered by selling the truck, that really depends on what exactly was discussed between the two of them when all this happened.  However, you said that she took out a loan so that the truck could be bought for him.  As his current girlfriend, you should think long and hard about this and imagine if you were in the ex's shoes.  Unless this was expressly done by her as a gift, of course he is liable.

 

 

 

this girl is a nightmare

 

Well...it sounds to me like she simply doesn't want to be left holding the bag for the portion of the loan that wasn't covered by selling the truck.  I don't see how that makes her anything other than a perfectly reasonable person (albeit one who apparently foolishly trusted her ex-boyfriend not to screw her over after she put her credit on the line for him), but maybe there's more to this that you didn't share with us.

Edited by Findlaw_FN

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A contract for the sale of goods over $500 is subject to the UCC's article 2 statute of frauds provision. 2-201 says even where the parties are not merchants, there still must be an agreement in writing signed by the party against whom enforcement is sought for the contract to be enforcable. On the other hand, the emails could very well authenticate such a writing to the satisfaction of a court. Still, this would be his best defense.

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A contract for the sale of goods over $500 is subject to the UCC's article 2 statute of frauds provision. 2-201 says even where the parties are not merchants, there still must be an agreement in writing signed by the party against whom enforcement is sought for the contract to be enforcable.

 

A girlfriend buying a truck for her boyfriend is not a contract for the sale of goods.

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carbon103,

 

Thank you for the post.  Does your boyfriend live at the residence? If he doesn't, he can  move to have the case dismissed for insufficiency of service of process.  If the text messages and emails evidence a promise to pay back a loan, then yes its possible she may be successful.

 

You should seek out an attorney to help you since a claim has already be filed. You can begin by using our lawyer directory.

 

Please feel free to continue to post your legal questions at our forums,

 

-The FindLaw.com Team

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A contract for the sale of goods over $500 is subject to the UCC's article 2 statute of frauds provision. 2-201 says even where the parties are not merchants, there still must be an agreement in writing signed by the party against whom enforcement is sought for the contract to be enforcable.

 

A girlfriend buying a truck for her boyfriend is not a contract for the sale of goods.

 

What I wrote here wasn't worded well.  What I should have written was that an express or implied agreement for a boyfriend to make payments on a loan taken out by a girlfriend to buy a truck for the boyfriend is not a contract for the sale of goods.  There's no reason to think the lawsuit filed by the OP's BF's ex-GF will implicate South Carolina's version of Article 2 of the UCC.

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