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Old 12-05-2014, 11:25 AM   #1 (permalink)
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Please help me be more concise!

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!

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Old 12-05-2014, 11:42 AM   #2 (permalink)
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What are you being sued for? It sounds like the car is in your name and she was renting it by making a few payments. Remind her that she doesn't want grand theft auto on her record.
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Old 12-05-2014, 02:05 PM   #3 (permalink)
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Consulted police and attorney before repo, doesn't sound like you would likely get hurt much by this. I thought people can take others to small claims without much cause, and little to no chance of winning. I also thought most judges took driving w/o insurance very seriously. I would think that would reflect poorly on her, and she might be exposing herself to a fine, due to pursueing this
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Old 12-05-2014, 06:10 PM   #4 (permalink)
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Quote:
Originally Posted by 2000mc View Post
Consulted police and attorney before repo, doesn't sound like you would likely get hurt much by this. I thought people can take others to small claims without much cause, and little to no chance of winning. I also thought most judges took driving w/o insurance very seriously. I would think that would reflect poorly on her, and she might be exposing herself to a fine, due to pursueing this
I agree. Sounds like a turd of a situation, but i doubt any judge would expect you to repay her unless it was a significant difference between the car payments and the insurance payments.
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Old 12-05-2014, 06:44 PM   #5 (permalink)
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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!
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Old 12-05-2014, 06:55 PM   #6 (permalink)
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there is a difference between borrowing and leasing. And an "informal" lease, i.e. unwritten, is borrowing, cancelled at any time. There is no paperwork tying her to possession of the car, he is liable if it gets in a wreck, it is HIS car, she needs to be charged with grand theft auto.

There is no evidence of a lease or purchase, it isn't her car. He secured it and she broke those securities and drove it. Go away or go to jail. No more Mr. nice guy.
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Old 12-05-2014, 07:11 PM   #7 (permalink)
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I Must have missed the part where she was making payment..... He got payments she got a car. Read the facts.
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Old 12-05-2014, 07:23 PM   #8 (permalink)
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Sorry, those payments are a gift without supporting documentation. He can offer a pro-rated refund, but that is it. If she got in an accident, he could be in debt for millions. She has no title to the vehicle, it isn't hers.
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Old 12-05-2014, 07:29 PM   #9 (permalink)
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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.
3. actually, you have 'acted incorrectly'
a. being foolish in renting/leasing your car to a gf
b. trying to enforce laws you have no right to ask about or enforce
c. trying to take back the car THAT SHE HAS PAID FOR AS AGREED! (felony theft)
4. you can apply all the 'feelings' you want to this case.....but the fact pattern is all that matters.
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Old 12-05-2014, 07:34 PM   #10 (permalink)
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nope, money is a gift, car is his, get your facts straight. He isn't a lending company. I think mcrews wants a shot at sacking this chick or something?!? xist clearly states that he allowed a few payments, this isn't a lease or a buyout, this is use my car while it makes sense and reimburse me for it.

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