My girl friends father bought a truck for us to use mutually. I was the main driver of the truck because she did not

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Customer: My girl friends father bought a truck for us to use mutually. I was the main driver of the truck because she did not have a license. . The title and registration is in their names. She insured it and payments come out of her bank account. The truck broke down and is inoperable. My girl friend and I have since ended our relationship. Her father is trying to collect payment for the personal loan from me. I live in the state of ny. Can they require me to pay the balance on the personal loan for the inoperable truck? We have nothing in writing stating who is financially responsible to pay his personal loan.
JA: Have you talked to a lawyer about this?
Customer: no
JA: What steps have you taken so far?
Customer: i am refusing to pay the personal loan for the truck titles and registered in her name.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: We are in state of NY
Answered by Richard in 1 min 10 months ago
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Richard
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Richard, Expert

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!
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Richard, Expert

Good morning.  If there is nothing in writing that evidences this transaction as a loan, your girl friend's father is not going to prevail in any collection suit against you.  You would simply claim it to be a gift with no promise to repay and that the father is simply now trying to recharacterize this as a loan due to the relationship with his daughter ending.  He would have to have a signed promissory note to prevail. :)

Customer
A promissory note..is that a formal and notarized note? If we talked in texts about the loan does that count? I don't know if we did, I have to go back thru them.
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Richard, Expert

He might be able to show this was intended as a loan based on texts, but the burden would be on him to prove it.  A promissory note is a document that you would have had to sign promising to repay the amount.  It would not have to be notarized.

Customer
Thank you!
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Richard, Expert

You're very welcome!  It's been my honor and privilege to help you!

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