Rhetorical scenario

SolidSqual

apphd wrote: »

What is his reasoning for holding back the $400? Not that it matters much since this was a verbal contract, but does he feel you misrepresented the condition of the car and he had to put money into it for things that were supposed to be good? Or is this what he might claim? B.T.W. there are state and federal laws regarding verbal contracts and and they may have time stipulations, so I would try to find out what Indiana law is on a verbal contract. With out witnesses, verbal contracts become very difficult to enforce, and for $400 some courts could become irritated trying to sort it out.

On another note this car and plates are in your name, which would suggest to me that you are responsible for the car. How is it insured? I would be more concerned about getting it out of my name before it ends up costing you more than the $400.

I am not a lawyer or anything at all close to knowledgeable in law, these are just me thinking out loud so to speak.

Good luck.

Indiana law stipulates the kind of contract in which he entered requires a written agreement. There are some workarounds, but none financially appropriate.

pjtime

Since this car is in your name what if he commits a crime with the car?

WilliamM2

I'd be more worried that he may let the insurance lapse, and get into an accident causing injury. Who's going to be liable? You are.

No way I would let someone take a car off my hands without proof that I sold it.

cfrizz

concealer404 wrote: »

...What i think is going to happen if he really does go through with this, is that i'll end up with the car back, and then i'll offer to sell it to him for $400. Like i said, i'm not out to screw the guy, i don't want that karma, stigma, whatever. It's just wrong. He needs the car, i don't.

I think you have it backwards, HE is the one trying to screw you by threatening to take you to court & not paying the money he owes you.

With friends like that you don't need enemies. Tell him to pay up or you will report the car as stolen. Point out that since everything is in YOUR name, he doesn't have a leg to stand on.

heiney9

Yeah, don;t any of you people watch Judge Judy or People's Court?

concealer404

cfrizz wrote: »

I think you have it backwards, HE is the one trying to screw you by threatening to take you to court & not paying the money he owes you.

With friends like that you don't need enemies. Tell him to pay up or you will report the car as stolen. Point out that since everything is in YOUR name, he doesn't have a leg to stand on.

Oh i know he is... it's just not in my nature to use that as a reason to COMPLETELY screw him, and i can. Just don't want to.

SolidSqual

WilliamM2 wrote: »

I'd be more worried that he may let the insurance lapse, and get into an accident causing injury. Who's going to be liable? You are.

No way I would let someone take a car off my hands without proof that I sold it.

This from US Legal Services:

If you allow someone to borrow your car and that person gets into an accident, your car insurance will pay any liable claims. Car insurance stays with the vehicle, not the person. An exception is if you are driving someone else's car and that person does not have insurance or not enough and you are at fault for an accident. Your insurance should cover the claim. However, insurance will not cover people who borrow your car that are specifically excluded in the policy.

You can be held liable for any damages caused by someone you allow to drive your car. If you don't have enough insurance, and the driver has no insurance then you are liable to pay out of your pocket. Make sure that the person you let drive your car is a reliable and safe driver. The insurance on the vehicle is the primary coverage, the insurance of the driver is secondary. You cannot tell an insurance company to cover the damages if there is coverage on the car itself, even if you were the one driving.

However, if your friend gets a speeding ticket when using your car, any surcharge points assessed will affect the driver’s policy, not the vehicle owner’s policy. It is recommended to check with your insurance agent to make sure you have coverage if you let another person drive your car. If your policy doesn’t provide such coverage and the person driving your vehicle doesn’t have insurance, you could be held financially liable for any injuries and/or property damage resulting from an accident.

If your friend does something stupid with your car, get a good attorney to advise you and more or less prove your friend constructively owned the car.

You could create a contract with him now to sign the title to the car over to him now, if he pays you in installments of $100 each month until payment is complete. He'll want it for his own insurance, which he probably doesn't have.

KrazyMofo24

concealer404 wrote: »

Oh i know he is... it's just not in my nature to use that as a reason to COMPLETELY screw him, and i can. Just don't want to.

How are you **** him? If you aren't going to report it stolen, because he's not going to pay the $400 that is owed, and he's going to try to sue you and you don't want to take any action that may hurt him then just transfer the title over and be done with it.

SolidSqual

KrazyMofo24 wrote: »

How are you **** him? If you aren't going to report it stolen, because he's not going to pay the $400 that is owed, and he's going to try to sue you and you don't want to take any action that may hurt him then just transfer the title over and be done with it.

Yeah, nice and clean. Could save you a ton later. Lesson learned.

concealer404

^Understood.

What i was meaning was that if i can't talk sense into him, i'll let him go ahead and sue and get the car awarded back to me or whatever will happen (i end up with the car, end result) then try to sell it to him for the remaining $400, writing up a contract this time, learning from my mistakes.

If he doesn't go for it for $400, then i figure something else out.

I appreciate everyone's help. I do have the car on my insurance. He's not listed as a driver, but is not excluded, either.

cfrizz

WTH? After all of that you would STILL turn around & try to sell him the car. If he doesn't want to pay the 400 now, why would he want to pay the 400 after all of that?

Man there is such a thing as being too nice. My guess is that he has NO intention of suing you, he is simply threatening hoping you will cave & let him keep it for free!

If he does follow through & sue, once you get the car, get back to you & sell it for the money YOU need! Then again once he lost he would probably trash it to get even.:rolleyes:

concealer404 wrote: »

^Understood.

What i was meaning was that if i can't talk sense into him, i'll let him go ahead and sue and get the car awarded back to me or whatever will happen (i end up with the car, end result) then try to sell it to him for the remaining $400, writing up a contract this time, learning from my mistakes.

If he doesn't go for it for $400, then i figure something else out.

I appreciate everyone's help. I do have the car on my insurance. He's not listed as a driver, but is not excluded, either.

apphd

concealer404 wrote: »

^Understood.

What i was meaning was that if i can't talk sense into him, i'll let him go ahead and sue and get the car awarded back to me or whatever will happen (i end up with the car, end result) then try to sell it to him for the remaining $400, writing up a contract this time, learning from my mistakes.

If he doesn't go for it for $400, then i figure something else out.

I appreciate everyone's help. I do have the car on my insurance. He's not listed as a driver, but is not excluded, either.

Man you are a nice guy. "California. Been there since May."
So you have been paying insurance on this since at least that long?

Very commendable for you trying to be "the nice guy" through all of this, it really is. BUT.........
He is taking BIG advantage of you. Not sure if this was a friend or relative or what, but you will be taken advantage of as long as you let it happen.
Sticking up for yourself is not **** someone over.

Again I commend you, but from experience, being a nice guy will get you screwed most times than not.

blueboxer

Just curious, but why is he so hell bent on not paying the $400? Curious as to what his viewpoint is on the matter. Personally, if the money is not a huge concer, I would consider it a lose and move on knowing that guy is not worth keeping as a contact.

KrazyMofo24

This story reminds me a lot like your previous one about your run in with the law.

DollarDave

KrazyMofo24 wrote: »

This story reminds me a lot like your previous one about your run in with the law.

Ya, all this drama for a "rhetorical scenario"... $400? Not worth the time to post the question if this is a real situation at all....just saying, sometimes when it looks like a duck, walks like a duck, it probably is a duck.

In other words, if you are worried about $400 in this rhetorical scenerio, there is probably more to the story than we are being let in on.

Polkitup2

Until you get the title changed to his name anything he does with that car is your problem. He won't be able tochange it since you didn't sign anything. Parking tickets unpaid - they'll issue a warrant for your arrest, an accident and he runs, they'll come pick you up.

brettw22

joeparaski wrote: »

Contact Judge Judy or Judge Joe Brown or.....

I believe Judy would kick both of you out of court and tell you not to waste the courts time making them fix a mess that you created by not doing what you should have done in the first place.

Protect your interests. I'd start getting all your documentation in place, and tell him you have all the paperwork needed to see him in court and tell him that you're going to file it in Indiana, which would require him to come back to town.

Also, if you're willing to pay the money to fly out there to get the car, then it isn't about the $400, it's probably about $150 because it'll cost you around $250 to fly out there anyways........

Lesson learned on this one, right?

SKsolutions

You seem like a good guy, but Handle your business already. You've left a huge door open again, and bad crap seems to follow you around. That isn't a coincidence.

concealer404

Urg. Everyone bringing up the warrant issue as the "same scenario" obviously didn't read the closure to that little episode i gather. There was no business for me to take care of beyond what i've already done. That being pointing out that "hey look, i WAS there on that date, you have me in your system twice" which WAS the case.

I'm not "worried" about the $400. It isn't going to make or break me. I'M not the one threatening to take this assbag to court. Principle of things... he's essentially holding MY property for a $400 ransom, if you think about it.


This whole thread is taking a dumb turn. This is not about a warrant that the local government already admitted shouldn't have existed. So.... consider it closed i guess.

thsmith

I would be concern about any tickets or accidents that may occurr with it being in your name makes you liable.

Peace of mind is worth more than $400 to me.

shack

Send him a registered letter telling him you are preparing to repossess the car based on nonpayment under the terms of the oral contract. Keep documentation, emails etc in case it ever happens to end up in the legal system. Contact your insurance company to make sure of your liability (if any) concerning the vehicle. The other real issue is parking tickets, and so forth. The municipality may issue a warrant for the registered owner if they go delinquent or turn it over to a collection agency which will screw up your credit.

It needs to get resolved one way or another. The fact there is a vehicle out there with you as the registered owner (but not in your control) can certainly cause you grief if things go bad.