My question involves small claims court in the state of: California
Hi, I was advised by a friend to take my ex-boyfriend to small claims for payments I made on a vehicle he financed entirely in his name. Here are the facts:
1. I financed a car in my own name and he convinced me it was a mistake and that he could get better financing under his name with USAA. I was able to return the car and rescind the contract. A few weeks later, he financed a car under his name for me (but really for himself too).
2. I paid him 3k cash to put as down payment, which he refused and said it wouldn't make a difference and that he would hold onto it for later payment.
3. He added me to his insurance and I paid 100% of the car payment + insurance + extra each month to accelerate the loan payoff ($800-1k each month).
4. A few months went by and he refused to provide evidence that he was paying more than minimum each month. I also never received an official document of monthly loan payment amount or insurance cost.
5. I broke it off with him bc he was untrustworthy. He came and took the car (and texted me that he just took it from my driveway).
6. All in all, I paid him $8,700 over a short six month period for the car, never missing a payment. I have all the PayPal transactions made directly to him for all but the initial 3k cash (which he has confirmed in several emails).
I even paid for all car services and registration. UGH. I am not interested in suing him for the full $8,700 since I did drive the car for 6 months. I only want the money that I overpaid each month that went directly into his pockets.
Can I do that? Would I have a strong case? Please help. I'd greatly appreciate an expert's advice! Thank you!!
Hi, I was advised by a friend to take my ex-boyfriend to small claims for payments I made on a vehicle he financed entirely in his name. Here are the facts:
1. I financed a car in my own name and he convinced me it was a mistake and that he could get better financing under his name with USAA. I was able to return the car and rescind the contract. A few weeks later, he financed a car under his name for me (but really for himself too).
2. I paid him 3k cash to put as down payment, which he refused and said it wouldn't make a difference and that he would hold onto it for later payment.
3. He added me to his insurance and I paid 100% of the car payment + insurance + extra each month to accelerate the loan payoff ($800-1k each month).
4. A few months went by and he refused to provide evidence that he was paying more than minimum each month. I also never received an official document of monthly loan payment amount or insurance cost.
5. I broke it off with him bc he was untrustworthy. He came and took the car (and texted me that he just took it from my driveway).
6. All in all, I paid him $8,700 over a short six month period for the car, never missing a payment. I have all the PayPal transactions made directly to him for all but the initial 3k cash (which he has confirmed in several emails).
I even paid for all car services and registration. UGH. I am not interested in suing him for the full $8,700 since I did drive the car for 6 months. I only want the money that I overpaid each month that went directly into his pockets.
Can I do that? Would I have a strong case? Please help. I'd greatly appreciate an expert's advice! Thank you!!
Civil Procedure Issues: California Small Claims Question- Ex Boyfriend Pocketed Payments on Auto Loan
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