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Raquel

Taking over someone car note

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So I let someone I know take over the notes on my car because I was no longer able to pay it but the car is still in my name with my plates. She has not been making payments on time and it’s affecting my credit. I told her to return the car to me so I can give it back to the dealer since she can’t keep up with the notes, now she wants to file small claims for me to pay her back for the 3 months she had the car. Keep in mind she had the car since February and haven’t made one payment on time, all payments were late. Is this possible? Would I have to pay her back for those months she used the car even though the car is legally mine and she wasn’t making the payments in time? She also had the car in her possession for the months she did pay on it. I live in Texas.

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15 minutes ago, Raquel said:

So I let someone I know take over the notes on my car

 

Bad idea.

 

15 minutes ago, Raquel said:

She has not been making payments on time

 

Could have told you that would happen.

 

16 minutes ago, Raquel said:

she wants to file small claims for me to pay her back for the 3 months she had the car.

 

Wants to? There is no "wants to." There is sue or not sue.

 

17 minutes ago, Raquel said:

Is this possible?

 

For her to sue you? Sure, it's possible.

 

17 minutes ago, Raquel said:

Would I have to pay her back for those months she used the car

 

Nobody can predict the answer to that but I'm leaning toward no.

 

All I can suggest is that you get your car back and see what happens.

 

Then learn from the experience.

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11 hours ago, Raquel said:

Is this possible?

 

Of course it's possible for her to sue you.  It's unlikely that she'll win, though.

 

 

11 hours ago, Raquel said:

Would I have to pay her back for those months she used the car even though the car is legally mine and she wasn’t making the payments in time?

 

That she didn't make payments on time is of no relevance to anything.  You made a bad decision by putting your credit in someone else's hands.  That said, the court would likely construe the payments she made as the cost of renting the car from you.

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