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    isaiahsmom21's Avatar
    isaiahsmom21 Posts: 1, Reputation: 1
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    #1

    Jan 5, 2008, 08:55 AM
    Car buying/using credit card
    I let my ex-room mate use my credit card to pay for a truck bought on e-bay. We had a verbal agreement that he would make the monthly credit card payments and in the end he would pay me for letting him use the credit card. I never signed anything or received anything from the car dealership. (the dealership is in FL, I am in MO).

    I had my room-mate arrested for assault so I had to leave. I was not able to bring the truck with me (not legally tagged/insured) and he hid the keys from me. I could not find any of the paperwork for the truck either. He had paid the first 2 payments on the credit card. Now he has stopped.

    I don't know if I should just take him to small claims court or if I can do anything through my credit card, since I never signed anything? Any help appreciated.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,305, Reputation: 7692
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    #2

    Jan 5, 2008, 09:58 AM
    Well really >>>>> comes to mind.

    Ok, you have a receipt for the truck from your credit card company.

    With that you go to court and sue him for that amount,

    He basically has a fully paid truck, and you have a lot of credit card payments
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jan 6, 2008, 10:20 AM
    Quote Originally Posted by isaiahsmom21
    I let my ex-room mate use my credit card to pay for a truck bought on e-bay. We had a verbal agreement that he would make the monthly credit card payments and in the end he would pay me for letting him use the credit card. I never signed anything or received anything from the car dealership. (the dealership is in FL, I am in MO).

    I had my room-mate arrested for assault so I had to leave. I was not able to bring the truck with me (not legally tagged/insured) and he hid the keys from me. I could not find any of the paperwork for the truck either. He had paid the first 2 payments on the credit card. Now he has stopped.

    I don't know if I should just take him to small claims court or if I can do anything through my credit card, since I never signed anything?? Any help appreciated.

    I don't know how you could do anything through the credit card company if you didn't protest the charge immediately - it would appear a number of months have gone by and you did allow him to use it.

    Your option is small claims court -
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #4

    Jan 6, 2008, 10:24 AM
    Since it was done on your credit card with your consent, you're responsible whether you signed anything or not. You could try small claims court. Even then it's a long shot.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jan 6, 2008, 10:29 AM
    Quote Originally Posted by s_cianci
    Since it was done on your credit card with your consent, you're responsible whether you signed anything or not. You could try small claims court. Even then it's a long shot.

    Why do you think Small Claims is a long shot? It looks like one person is making the payments and the other person has the truck - the person with the truck made 2 payments and then stopped - or am I missing something?

    Of course, it's one word against another but I would think the events kind of spell things out.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #6

    Jan 6, 2008, 10:53 AM
    Of course, it's one word against another but I would think the events kind of spell things out.
    You just answered your own question. That's why I think it's a long shot. The OP, by her own admission, never signed anything and never had the roommate sign anything. Then she presses charges against him and has him evicted. Now she then goes to small claims court and asks the judge to order him to pay for the truck. Now if you were a judge how would all of this sound to you? To me it sounds more like a domestic dispute as opposed to a breach-of-contract situation. I'm not saying that that's the case but that's how it'll sound to a judge. And even if she gets a judgement against him, collecting is another issue altogether.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jan 6, 2008, 12:06 PM
    I don't think it's a longshot that the OP will get a judgement in small claims court. As long as they can prove that the card was used to pay for a car that was then registered to the roomie. I believe any judge is going to rule that there was a verbal agreement. If the OP can prove the roomie started making payments then it becomes almost open and shut.

    But collecting is another matter. If the roomie needed to use someone else's credit card to buy the car, they may not have much in assets.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Jan 6, 2008, 12:55 PM
    Quote Originally Posted by s_cianci
    You just answered your own question. That's why I think it's a long shot. The OP, by her own admission, never signed anything and never had the roommate sign anything. Then she presses charges against him and has him evicted. Now she then goes to small claims court and asks the judge to order him to pay for the truck. Now if you were a judge how would all of this sound to you? To me it sounds more like a domestic dispute as opposed to a breach-of-contract situation. I'm not saying that that's the case but that's how it'll sound to a judge. And even if she gets a judgement against him, collecting is another issue altogether.

    Didn't think I answered my own question - whether this is a domestic situation of any sort, the person who now has the truck made 2 payments. No more argument whether it was or wasn't a loan. That person has the truck and the other person now has the payments. How does this sound to me? That one person got the truck and the other person got the payments. I don't think the fact that it was an oral agreement changes much. I think ownership and payment (or lack thereof) make the difference. I can't guess how it will sound to a Judge.

    I think it stops being a domestic dispute when property and payments are with 2 different people.

    And, of course, whether she can collect is definitely another issue. The other issue could be the person with the truck dropping off the keys and saying, "Here's your truck," and I don't know if the person making the payments wants to settle in that fashion.

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