Please help me be more concise!

[mcrews]

here is my point.
ALL cases preset a limited fact pattern.
YOu have to work with the facts presented by the presenter.

So, for example, suggesting that (FACT) payments are a (LIE) gift (as one poster suggested) is ... [admin edit].

Next, to OVERSTATE what exists is also concerning....
"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"
That MAY NOT be a feature of this contract AS PRESENTED IN THE FACT PATTERN.
A contract is simply the exchange of value without force or coercion.

Maybe there are more facts, but as presented, it states that HE was providing the insurance, then wanted to change that.

The FACT PATTERN does not stipulate that SHE had to have insurance when she made the first payment. He stated he had received several payments prior to the insurance issue arising. In fact he states HE covered her/the vehicle in the beginning.
He then changed the contract by 'requiring' her to carry the insurance. He didn't offer any different terms so he was forcing a concession on her.

It doesn't matter what is happening outside the contract.

The bigger lesson here is that words have meanings.

With all this said, the entire point of Law school and the practice of law is that you can take the limited fact pattern/case that is presented and defend either side.

[P-hack]

the *right* thing to do is to stop owning the car so you aren't liable.

i.e. transfer the title to her with a lien.

Can I put a lien on a vehicle that I'm selling? - Avvo.com

The preferred method is to just make the buyer pay in full (cash only in this case) and sign it over. If they can't pay find someone who can.

[ME_Andy]

What a crazy B. I can't believe she removed the club then tried to sue X. Maybe we only know half of it?

Good story, though.

[mcrews]

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.

Show me, in the FACTS he presented, that she would 'maintain' the ins???
The facts are that HE maintained the ins( bad move on his part) but still the facts.
Amazing how each of you 'want' the facts to be different than they are.

[P-hack]

We shall see, you are making up a lot of stuff and ignoring obvious others, but you sure are rooting for xist to keep paying this chicks insurance, that is kinda sick in the head if you ask me, as if she doesn't feel entitled enough already.

I would LOVE to meet you in court over this, my god they would laugh you out of there (but not after you put on a little drama show for everyone).

If she is the owner, then insurance IS her responsibility, she isn't, she couldn't. If she does convince the court she is the rightful owner, then she owes him for insurance, i.e. small claims, plus the rest of the payments (and they need to clear up the title/registration and get it properly in her name perhaps with a lien).

If she doesn't prove she is the rightful owner, then she stole it.

[Cobb]

Donate it to the kidney foundation and take a write off your taxes.

She paid for when she drove it, so basically she rented it and when she voided the contract the ride was over.

[S Keith]

Originally Posted by mcrews

Show me, in the FACTS he presented, that she would 'maintain' the ins???
The facts are that HE maintained the ins( bad move on his part) but still the facts.
Amazing how each of you 'want' the facts to be different than they are.

He said he told her to, and he said she said she would ("I require you to get insurance." "Okay, I will."). That's as "factual" as any "fact" in his original post.

[mcrews]

yet he admits to caring her on his insurance for a couple of payments.

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.

ok boys:
there is the contract.

this is your version:
He said he told her to,(AFTER SHE MADE MULTIPLE PAYMENTS) and he said she said she would ("I require you to get insurance." "Okay, I will."). That's as "factual" as any "fact" in his original post HE ALTERED THE CONTRACT THAT EXISTED THE MOMENT HE ACCEPTED THE FIRST PAYMENT.

But thanks SKEITH for trying to at least refer to the facts. Others have not done so well......

FACT: he didn't ask her until after the contract began.
you are rewriting the facts......

[P-hack]

I don't know why you ignore the obvious. This is small claims court. She has to take full legal ownership or walk away as if she never had it. Her refusing to get insurance IS his counter claim. She never took full ownership, payments don't mean anything without documentation. He still had a key AND the title, and etc. etc. etc.

You are making up the part about insurance being required after the agreement. Nobody sells a car then agrees to pay insurance (excepting for the more than reasonable you have till my insurance runs out). You are implying things that don't exist.

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[P-hack]

http://www.nycourts.gov/courthelp/pd...msHandbook.pdf

you will have to change the venue to a civil court if you wish the judge to take non-monetary action. If she just wants to return the car and you are ok with that, then it is a matter of usage/insurance.

If you want her to keep it, then you have to have the court compel further action (non-monetary, take legal possession of title/etc).

I hope you talked to your lawyer in any event.