Need legal advice on car

[slaterd]

So my wife and I sat down and discussed the Pontiac with my ex. Well she was pretty straight forward that she was wanting 6000 for me to take the car back or else were going to court. After some debate and arguing she finally asked what our number was. I said 300 and that's only because we understand its short notice. She laughed and was basically just rejecting the offer. So I told her we are going to settle this in court then. She kept saying I have no proof that she was using it but I have work history locations for both of us relative to the town we lived in. I worked a mile down the street and she worked a good 15-20. Who do you think used the car? Eventually I purchased my e30 and after that I definately had no use for the Pontiac. I've had 3 cars in my name since including the Pontiac. She has no record of a car until last year. I have police records showing who was driving during the accident and a speeding ticket with her driving. I'm going to be pulling all records to track mileage. It now has 170,000 miles :/

[mrcheezle19]

I still don't fully understand why with a loan in your name, a car title with your name and a banks on it, and the car insured in your name that you can't just go and take the car regardless of whatever agreement you 2 made. I'd imagine the weight of those documents is much stronger than your agreement with her, but at any rate good luck in court. I assume the lawyers have advised you on what you can and cannot do, that just doesn't make sense to me.

[Thizzelle]

since it seems like she's being a cu_t I would just go take it, you can't steal your own car.

[ST1G]

I still don't fully understand why with a loan in your name, a car title with your name and a banks on it, and the car insured in your name that you can't just go and take the car regardless of whatever agreement you 2 made. I'd imagine the weight of those documents is much stronger than your agreement with her, but at any rate good luck in court. I assume the lawyers have advised you on what you can and cannot do, that just doesn't make sense to me.

These whole thread kinda confused me. He is acting rather irrationally.

[TurboJake]

[slaterd]

I have already taken the car. After we talked about it I picked up the car, inspected, and took a full video of me picking it up, clearing the car out of her possessions, and video of a walk around.

How am I being irrational?

Basically, the case will not be about who gets the car, but whether I owe her the money for the 2-3 years of her paying it while using it.

[Thizzelle]

ahhhhh we are all confused because you never stated you had the car only implied that you were going to take it.

[Exodus_2pt0]

Don't you think you should at least pay her back something?

How much did she pay out? It seems wrong to just take it back after she has been paying for 3 years. Sounds like you are fucking her, figuratively speaking.

[slaterd]

I did offer compensation for taking the car back on a short notice. She has been paying to use it...and she used the shit out of it. Like I said, if I was using it and she was paying for it then that'd be a different story. I came out on my own telling her I'd compensate her several hundred dollars because it was short notice. Where are you going to have this opportunity to use that kind of vehicle for $140 a month, allow you to wreck it, add 80,000 miles to it in 3 years, no hassles whatsoever, and then when the car is taken back (leasing situation) willing to discuss some kind of compensation when your credit is below 550? I was doing her a huge favor and sacrificed a lot for her convenience. The least she could do is understand the situation and be grateful for the fact that I could've taken it back whenever I wanted and not offer anything. Without me allowing her to use this car she would've had a tremendously difficult time finding a job. Not to mention when she was using the car, I was walking to work in the middle of July to November in ARIZONA!!!!! It's hot as fuck during the summer while she got to use my car. She has a new car and was allowing her roommate to use it without MY permission and I have proof of that and that he wrecked the car.

[TurboJake]

Without knowing the exact wording of your responsibilities agreement you signed 3 years ago, it's really hard to offer any real help.

Did you say "Pay off the loan"? Did you give a timeframe? Was it a signed contract? Etc. This is all in the wording of the agreement, what was said or wasn't said, etc.

That is what is going to be the big deal here. WORD FOR WORD is what we need to see to offer any legitimate help that's anything beyond speculation at best..

[slaterd]

I've contacted my creditor and they said whatever was in the written agreement was never valid.

[TurboJake]

I've contacted my creditor and they said whatever was in the written agreement was never valid.

Never valid between them, you, and who "owns" the car. But between you and her is a different ballgame. It's not the financing agency wanting to settle this in court.

If you really want the help from us, throw us the bone of what was written and signed between you and her and let us try to help. Change names, addresses, whatever. We're all curious. Who knows, maybe we will be of help.

[Axxe]

Case closed in my mind. No judge is going to award her anything, her monthly payment was likely less than the difference in cost between what she paid you and what she would have had to pay on her own, in effect saving her money for 3 years. It's no more than a rental, she paid to use your car and was committing insurance fraud while doing it. I don't see how or why you owe her a dime. Then again I'm not a lawyer, but I have seen Judge Judy. He hit the tire.

[mrcheezle19]

Case closed in my mind. No judge is going to award her anything, her monthly payment was likely less than the difference in cost between what she paid you and what she would have had to pay on her own, in effect saving her money for 3 years. It's no more than a rental, she paid to use your car and was committing insurance fraud while doing it. I don't see how or why you owe her a dime. Then again I'm not a lawyer, but I have seen Judge Judy. He hit the tire.

Basically this. You owe her nothing at all. Tell her thanks for making the payment on time and helping out your credit score. She's your ex so who cares. You already helped her in a major way. If you give her cash she fucked you twice. Once for getting the car from you which was YOUR CAR and then getting you to pay her back for driving YOUR CAR. Crazy. You got the car, tell her have a good life.

[e30vert]

So my wife and I sat down and discussed the Pontiac with my ex. Well she was pretty straight forward that she was wanting 6000 for me to take the car back or else were going to court. After some debate and arguing she finally asked what our number was. I said 300 and that's only because we understand its short notice. She laughed and was basically just rejecting the offer. So I told her we are going to settle this in court then. She kept saying I have no proof that she was using it but I have work history locations for both of us relative to the town we lived in. I worked a mile down the street and she worked a good 15-20. Who do you think used the car? Eventually I purchased my e30 and after that I definately had no use for the Pontiac. I've had 3 cars in my name since including the Pontiac. She has no record of a car until last year. I have police records showing who was driving during the accident and a speeding ticket with her driving. I'm going to be pulling all records to track mileage. It now has 170,000 miles :/

Actually you DO have documentation that she was using the car. You just are not aware of it. In many cases the moment the car is taken in for service and a VIN number entered that information shows up in a CARFAX along with the date the care was serviced and the Odometer reading at the time of service.

So a simple carfax. Some guys on the forum offer to run them for free if you send them the VIN will turn up the information. Then one could make the case that if she lived in town A and the car was serviced at a station near town A and you live in town B.Why in the world would you drive to Town A and have the car serviced so it had to be your Ex wife in Town A.