Please help me be more concise!

[user removed]

Originally Posted by Xist

I need to respond to a small claims court summons. So far I have:

In May I broke up with my girlfriend, but allowed her to make payments on my other car. She made her payments, but I paid her insurance until USAA removed her from my policy. I persuaded them to give us time and told her to find insurance when she still had ten days left. I followed up with her and told her to get a policy the next day. When she drove without insurance, I installed The Club. She threatened to sue me, claiming that she would obtain coverage some days later. Somehow she removed The Club, drove without insurance again; I consulted with the local police and my attorney and repossessed the car. She called the police and is taking me to small claims court.

I had not wanted to mention much about this because she might remember the name of the forums, but I will be mailing her a copy of this. As always, I appreciate your assistance. Please enjoy your day!

Did she make all of the payments?
Is she still making payments?
Is the title or registration in her name?
Do you have a lein on the title?
Possesion of the title?
Does your home state require insurance?


regards
mech

[UltArc]

Originally Posted by mcrews

you cant repose a car because of no insurance.
as the 'lender' you can take out third party ins.
your wrong. good luck

you wanted concise!

Any lending service in business more than a month or with more than one branch will include in the terms, that they (consumer) forfeit the vehicle if insurance is ever dropped. A dear friend collects on auto loans, and is immediately notified when the vehicle is no longer covered.

For this situation? Ehh, I just wanted a show to go with my popcorn. Seriously, I was just eating popcorn.

[Cobb]

Banks also include the language that the vehicle can not be used for a business in some cases.

[S Keith]

Was she worth it?

[ME_Andy]

It seems to me the verbal contract you had was broken when she failed to get insurance. Especially since you warned her ahead of time. I'm 90% sure the judge will be on your side.

You really are a head case though, Xist. What a mess. I had a feeling this thread was yours before I even clicked it. Ex= no special favors.

P.S. the statement was well written and concise

[S Keith]

Originally Posted by mcrews

1. xist you are not the police. Driving w/o insurance is a police offense.
2. You are acting as a lender. Ever seen a lender 'repo' a car for not having ins...no.

yes. It's called breach of contract. Lenders require insurance as part of the lending agreement. Failure to maintain insurance means borrower is in breach and lender can take corrective actions in accordance with the contract... (repo).

Note, I really enjoyed your high horse act.

[S Keith]

Your honor, the plaintiff and I had a verbal agreement whereby she would make the payments and maintain insurance. She failed to maintain insurance. I regarded her to be in breach of our verbal contract. After consulting police and counsel, I took possession of the vehicle.

[user removed]

In every contract there is a necessity for the borrower to protect the sellers asset which is vulnerable to damage or destruction by the borrower. Lending institutions may allow the "property" to be uninsured if the borrower has suffecient assets to cause the borrower to loan funds without collateral based on the credit history of the borrower.

Obviously the borrower in this case has the right to require his asset to be protected by insurance. In this case the insurance would be "full coverage" including collision and comprehensive in the case where the borrower casues destruction of the collateral.

Why would a private contract be any different than a contract between any other lender and borrower.

I think S Keith (post 37) has got it correct and would be exactly what I would state to the judge. If the borrower breached the contract, even a single stipulation and even if all but the last payment was made, then the contract is voided and the property reverts back to the seller.

mcrews has been very vocal in his position and since this is rare for him on this forum, I would like to read his response to my post. These legal situations may vary from state to state but the basic contract law precedes the existence of the United States.

regards
mech

[user removed]

Originally Posted by S Keith

Your honor, the plaintiff and I had a verbal agreement whereby she would make the payments and maintain insurance. She failed to maintain insurance. I regarded her to be in breach of our verbal contract. After consulting police and counsel, I took possession of the vehicle.

She could also be responsible for your costs of collection.

regards
mech

[mcrews]

Mech,
I'm out on the ranch today but will honor your request tomorrow when I'm on the lap top!