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    baddecision's Avatar
    baddecision Posts: 1, Reputation: 1
    New Member
     
    #1

    May 19, 2008, 11:04 PM
    $car and $rent to girlfriend until she dated another man
    I will learn from this lesson...
    I was seeing this woman for almost a year and a half. She was separated but still lived in her husband's downstairs.
    October of 2007 they filed bankruptcy and her car was reposessed.
    I gave her $4500.00 on December 10th 2007 from my line of credit to purchase a 2000 Blazer. A safer winter vehicle for her and her 2 kids.
    She could not get a loan so I purchased it in my name and insurance.
    She insisted she would pay me back around $200.00 to $400.00 a month if she could afford it.
    I then wrote her a check for $1050.00 rent/security deposit for a house she found.
    She moved in (kids part time) on the week of March 20th 2008.
    Making the total $5550.00 from my line of credit.
    I did tell her upfront that she didn't need to pay me back until two weeks ago she started seeing another man.
    I didn't feel it was a good idea to leave a vehicle in my name and insurance with a woman I wasn't with.
    I removed the vehicle from her possession. The police returned with me and I was able to get her keys back from her by telling her I would write her a check for the amount she paid back to me. But after she threw them at me I did not... I just left.

    She paid back to me, $1635.00.
    Subtract $1050 form the $1635.00 leaves $585 actual payment on the Blazer. I did state, and will, "only" if I am able to get The $4500.00 from selling it, give her back the $585.00.
    I am unsure if I can get that out of it since she put 6300 miles on it and 5 months of depreciation. As well as selling costs. Not to mention she hauled her dogs in it also.

    Nothing was in writing. She did create an excel spreadsheet showing her 7 payments she made. Only 4 of the payments she made were checks... the others were cash and I did not give her a receipt.

    Today I received a Civil Action Hearing Notice I which she is seeking $2651.40 from me.
    All that was attached was what appeared to be a statement she wrote to the police about me stealing her vehicle and slandering her. Nothing stated what the $2651.40 was for.
    I called the magistrate's office to request an itemized list of her claim. They stated I can receive copies tomorrow.

    I also work at the same place as her and as of last Tuesday her job was eliminated. She mentioned in her statement that I could be to blame for that.

    I probably should wait until I see the file tomorrow before posting this but it is eating at me.

    Guess the bottom line is... If nothing was in writing do you think I need to worry?

    Appreciated... and thanks for reading... I needed to vent!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    May 20, 2008, 05:55 AM
    So counter sue for the money you gave her, She will have to prove she gave or loaned her money, anyone can sue anyone for anything, but proving it in court is another matter
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #3

    May 20, 2008, 06:21 AM
    [QUOTE=baddecision]She insisted she would pay me back around $200.00 to $400.00 a month if she could afford it.
    I then wrote her a check for $1050.00 rent/security deposit for a house she found.

    She moved in (kids part time) on the week of March 20th 2008.
    Making the total $5550.00 from my line of credit.
    I did tell her upfront that she didn't need to pay me back until two weeks ago she started seeing another man.

    I didn't feel it was a good idea to leave a vehicle in my name and insurance with a woman I wasn't with.
    I removed the vehicle from her possession. The police returned with me and I was able to get her keys back from her by telling her I would write her a check for the amount she paid back to me. But after she threw them at me I did not... I just left.

    She paid back to me, $1635.00.
    Subtract $1050 form the $1635.00 leaves $585 actual payment on the Blazer. I did state, and will, "only" if I am able to get The $4500.00 from selling it, give her back the $585.00.
    I am unsure if I can get that out of it since she put 6300 miles on it and 5 months of depreciation. As well as selling costs. Not to mention she hauled her dogs in it also.



    As I see this the ORIGINAL loan was to be paid back "if she could afford it." She will undoubtedly say she can't afford it.

    You can't add other conditions - she can't see another man, she can't drive dogs around - to any of the agreements after the agreements are made.

    It's going to be a matter of proof, whether the money she did pay you on a vehicle which you legally controlled will be considered as sort of rental payments or if she lost out on the money because she thought it was "hers" and now you have it.

    Maybe you got taken, maybe you didn't, but as a matter of law I think you have an uphill fight here.
    truthserum007's Avatar
    truthserum007 Posts: 1, Reputation: 1
    New Member
     
    #4

    Dec 21, 2010, 02:53 PM
    With no written agreement(s) signed/witnessed by both of you, and really no "conditions" about what/how she was to use the vehicle, it will be difficult for either of you to actually prove anything in court. Good luck! Based upon the what you've shared here, it sounds like you have been taken.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
    Ultra Member
     
    #5

    Dec 22, 2010, 09:38 AM
    Quote Originally Posted by truthserum007 View Post
    With no written agreement(s) signed/witnessed by both of you, and really no "conditions" about what/how she was to use the vehicle, it will be difficult for either of you to actually prove anything in court. Good luck! Based upon the what you've shared here, it sounds like you have been taken.
    This thread is from 2008.

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