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Old 12-07-2014, 10:48 PM   #51 (permalink)
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They're in AZ, I believe. Or is it CA?

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Old 12-08-2014, 12:21 AM   #52 (permalink)
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Somebody is a poor loser....or maybe the lack of a moral compass(suggesting that op lie about the payments) caused he keys to stick. But that chukdish behavior is really funny!

And to think... You want to meet me in court....'
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Old 12-08-2014, 12:35 AM   #53 (permalink)
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Quote:
Originally Posted by Xist View Post
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!
So... She exchanged money in order to use the car for a while, when she didn't have insurance anymore he took HIS car back. I see no wrongdoing. He is not a lending agency and does not have to stick to those laws. This is up to the judge as to any money being repaid. I stay the hell away from verbal contracts as they mean pretty much nothing.

Technically he did not repossess the car, he took HIS key and drove HIS car.
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Old 12-08-2014, 04:09 AM   #54 (permalink)
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How did I get subscribed to this thread?
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Old 12-08-2014, 10:15 AM   #55 (permalink)
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If you have time to take someone to court over a car you claim to own, you have time to go to DMV and register it in your own name. If you haven't done that yet because the car isn't actually yours, that puts a big hole in your argument.

It had to be a fun call to the police: Ma'am, you say your car was stolen by someone named Xist? Our system shows that car is registered to him. You say he put The Club in the car and you removed it so you could keep driving it? Again, ma'am our system shows that car is registered to him.
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Last edited by Fat Charlie; 12-08-2014 at 10:28 AM..
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Old 12-09-2014, 07:43 PM   #56 (permalink)
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Quote:
Originally Posted by mcrews View Post
Lenders take out ins all the time when the purchaser fails to by insurance. He can't not take the car away when she is making payments as agreed. That is theft.
I have been busy, but trying to keep up with this thread, although once again frustrated as a heated argument resulted, even though I was not actually involved. I apologize for not answering any questions, but it seems as though the party of the first part and the party of the second part have been more interested in arguing over scanty data instead of asking for more.

Mcrews, that double-negative indicates that I needed to take away the car.

I have all of our Facebook and text messages. I immediately compiled a timeline, integrating both sources chronologically, but I continually need to adjust my .PDF. I will post a sterile version when I finally have a final version, although it looks like everyone has lost interest, which is probably a good thing.

Last edited by Xist; 12-10-2014 at 06:07 PM.. Reason: interested, not interesting.
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Old 12-10-2014, 01:43 AM   #57 (permalink)
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Old 12-28-2014, 12:55 PM   #58 (permalink)
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Sheesh.
Is there a court date?

Good luck with this.

I'm no lawyer, but I like Fat Charlie's guess of how the ex GF's call to police might have gone.
I suspect the validity of lack thereof, of a contract between the two people, would have something to do with the laws of the state where this occurred.

There probably have been many cases similar to this. My wife (and I) and her soon-to-be ex co-used a car when we got together. It worked for us, only because the breakup was relatively amicable, as these things go.

Xist was pretty concise. This thread grew to 6 pages between 12/5 and 12/10, with practically no help from Xist!
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Old 12-28-2014, 02:00 PM   #59 (permalink)
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Yeah, when this airs on Judge Judy I want to make sure to watch it.
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Old 02-02-2015, 06:29 PM   #60 (permalink)
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My ex sued me for $2,000 when she paid $1,185 towards the car and after she drove it for a year, its Blue Book dropped from $2,500 to $1,900. Today we went to small claims court and she could not explain to the judge how she felt that she deserved $2,000. She wanted me to pay for the repairs that she made, although I told the judge that cars are sold as-is, and she told me that she was driving the car, she would pay for the repairs. I could have countered that I spent $650 to insure her, it would be expensive to repair the dent that she put in the car, and I had a list of mechanical repairs the car needed, so she owed me money, but I told the judge that I did not know how she came up with that number, and I would have offered to refund her payments, minus the insurance back in November.

I would have negotiated up to the full payments, ignoring the insurance, but we never had that discussion, she called the police and decided to take me to court. The judge ruled that I owed her her payments back and said that I would receive a letter in ten days. I should have X number of days to make the payment, so I should have a few weeks to come up with the money. Hopefully, by then our bakery will be selling to Whole Foods and I will be delivering bread with my car.

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