Need legal advice on car

[slaterd]

I did already think of that and pulled an autocheck and no maintenance showed up. Is a Carfax more in depth than auto check?

[smooth]

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.

This is the part he doesn't seem to understand. It's not "his" car until it's paid off and the creditor doesn't care less who he says he sold it to or didn't. He still has a legal contract with them that has to be fulfilled. This whole nonsense of he can go and take his car back because he can't "steal" his own car doesn't apply here. He *also* has a legal contract with his ex. There isn't any justification for breaking that contract and as soon as she talks to someone with an ounce of legal training he's going to wind up in court on the losing side of a battle.

I don't know who these three people he got legal advice from, or even why he would go and speak with three different attorneys, but at this point he's broken both contracts--one with his creditor and one with his ex. Only a judge is going to decide the amount each party owes the other, especially since he offered her $300 dollars and thinks that's remotely sufficient for someone making full, timely payments on his car loan, and the best word of advice those of us who have been through court processes can tell you is that a judge won't look kindly on the person breaking a contract without cause. And no, one can't simply say well this is better than a lease or borrowing a car three years after the fact when the contract was for her to purchase the car.

[slaterd]

This is the part he doesn't seem to understand. It's not "his" car until it's paid off and the creditor doesn't care less who he says he sold it to or didn't. He still has a legal contract with them that has to be fulfilled. This whole nonsense of he can go and take his car back because he can't "steal" his own car doesn't apply here. He *also* has a legal contract with his ex. There isn't any justification for breaking that contract and as soon as she talks to someone with an ounce of legal training he's going to wind up in court on the losing side of a battle.

I don't know who these three people he got legal advice from, or even why he would go and speak with three different attorneys, but at this point he's broken both contracts--one with his creditor and one with his ex. Only a judge is going to decide the amount each party owes the other, especially since he offered her $300 dollars and thinks that's remotely sufficient for someone making full, timely payments on his car loan, and the best word of advice those of us who have been through court processes can tell you is that a judge won't look kindly on the person breaking a contract without cause. And no, one can't simply say well this is better than a lease or borrowing a car three years after the fact when the contract was for her to purchase the car.

I consulted with another lawyer today and told him everything. Even that she has all bank statements saying she paid for the payments and proof of her paying insurance. I also told him the extent of the contract. He said I don't owe her a dime because it was my car...the creditor told me I can take MY car. I'm going to consult another lawyer tomorrow and if he says just like everyone else...then it is what it is.

[smooth]

I thought you wrote that you still owed money to the creditor for the car. Unless you have a strange arrangement, the creditor has title and the property belongs to the creditor, not you.

The creditor doesn't care about her, you, or anything else for that matter except the creditor's assists. The creditor doesn't care if you make a contract with someone else--it doesn't absolve you of your debt. The creditor doesn't care if you go and steal something from someone--the creditor will tell you whatever it takes for you to go and reclaim its property. They certainly can't go and reclaim it because the payments are being made. The creditor isn't your lawyer and doesn't have your interests to protect. The creditor is on the creditor's side and any and all advice the creditor gives you regarding this situation should be taken with a sack of salt for all it's going to be worth in a courtroom.

Again, I'm confused why you're seeing all these lawyers. You said you spoke to three different attorneys, and now today you spoke to another one, and tomorrow you're going to speak with yet another. Is there some reason you don't trust the advice of the four that have already given you advice? Have you actually sat in an office and paid someone for a consultation or are these lawyer friends or legal self-help websites?

Regardless, the thing you need to understand is a judge can and will do whatever a judge wants to do in the courtroom. If your ex drags you into court and explains the situation the most likely outcome is the judge is going to ask you why you think you get to keep the car *and* the money and award your ex some sort of compensation...and it's going to be a whole lot more than $300 dollars.

You can try and argue about the insurance issue but the point I was making earlier was the best case scenario is that you argue to the judge that you were breaking the law--not a wise argument if you sit down and think about it. Luckily for you no sane judge is going to buy that story anyway so you don't have to worry about it too much. The judge is going to ask you if you really expect the court to accept your story that you knowingly broke your contractual and legal obligation to maintain insurance on a vehicle that you were legally responsible for? And when you say, sure, the judge is going to tell you that your story simply isn't credible and move on to the next point.

I'm not disputing that you're telling the truth. I'm just explaining to you how your story will be conclude in a courtroom. That's what you asked for, advice, so I'm giving you as much legal advice as I can reasonably give you without representing you--and I'm not an attorney anyway. I have a law degree, but it's a PhD, not a JD. I've taken people to court and I've been taken to court. I've also had to go through a dissolution after ten years of marriage and I can tell you how the judge (and police) responded to a similar situation when I incorrectly thought that it wasn't possible to "steal" one's own property. You can not simply walk around town and taking things from people because you think you own it. I'm giving you advice based on real world experience. Small claims court, where this disagreement will end up, plays by a completely different set of rules. So far it seems like she doesn't really want the car so she let you take it. But once someone advises her correctly, and this will happen sooner rather than later if you keep insisting that you only owe her a couple hundred bucks, and she drags your ass into court the judge is not likely to take your side. That said, it could go completely in your favor because, again, judges can do whatever they like in their courtrooms.

[e30vert]

I did already think of that and pulled an autocheck and no maintenance showed up. Is a Carfax more in depth than auto check?

Dont know about the comparison between the information that an Autocheck gives one versus the CarFax. I do know that when I did a car faxon a few vehicles I was surprised at all of the Maintainence History that was included.

[delatlanta1281]

You spoke to 3 attorneys and all 3 advised you to take back what is yours even though she hasn't defaulted on payment? Huh... Were these attorneys working for her? Whatever... I would be careful... She could report her car, the one you said she could use as long as she made payments, stolen. Carry all documentation of your agreement between you and the credit company just to be sure.
Also, who pays for the tag on that car? Who paid for the most recent tag that is.

[slaterd]

I've already talked to the police, they said, as long as only your name is on the registration, even if it is being financed, it is your car...you can take it back. As far as multiple attorneys I'm trying to cover my bases. I was the one who paid for the registration and will again in July. I also have a copy of the agreement coming to me in a couple of days with me and my creditor. As far as bank statements for car insurance and for maintenance, those just show that payments were made to Geico and to the mech. shop....not what it was for. Also, she hasn't taken it to the mech. shop because no maintenance has been reported since I took the car in for registration renewal. Also, she is going to try to hold up her argument that after we physically moved apart from each other the car was never used. However, I have the mileage from June 2012 to now...you're telling me you used up 53,000 miles within a single year and stopped?! Please. Once that lie comes out it's over almost everything she says is not credible. I have asked everyone about the contract I made with her and they all told me it's not valid because for her to have responsibilities for the car she has to make that agreement with the bank...because it is their car. Once they get involved with that situation it's a refinance. Now if the car was paid off...that'd be a different situation. So no, the "contract" between me and her was never valid. Also, according to the lawyer, there was nothing in the contract that I would have to pay her back for any money she paid to use the car....not to mention if I pay her anything then that's the same as her making me pay her to use up my car. A judge is really going to look kindly to that?

[slaterd]

And I didn't take the car because it MINE MINE MINE!!!!!:hitler:
Yes I will admit I'd like to have the car back but I took the car under my custody so that I know the car will be safe from accidents. It is not being used until a permanent solution is made. I have explained to her that I have to take the car until a permanent solution can be made that way...not saying she'd do this on purpose...but if the car was in an accident during that time I'd be fucked. I offered her an opportunity to refinance the car after I speak to my lawyer about what to do. If my lawyer says the same thing that ALL other lawyers have said, then I will take my chances in court. Knowing her though, she's mad that I had to take the car and she'll just want the money and take me to court. For this to happen she has to say "no I don't want the car". Once I have that also, I'll show the judge saying I offered a refinancing situation with her but she said no. That looks like she used up my car, gave it back, and demanded that I pay for her use (free car).

Go ahead and give someone back something that you used up, make them keep it, and demand money for the money you put in to use it. That looks horrible.

[Thizzelle]

did you two sign a contract between each other? Also it has to be worded right, etc. If not this shit is not even making it to court. Smooth is a paranoid fuck. You just pretty much rented her the car for a few years. Just like the cops said, if everything is in your name then it's yours, doesn't fucking matter if she has a note saying you loaned it to her it's yours period. Your name is on all government docs and loans all she did was pay for it. She could have just been your sugar mama who was paying for your car. They don't care who pays for it as long as they get their fucking money! My dads name is on one of my car registrations he can come take it and not get in trouble, why because his fucking name is on the reg. If you get pulled over what does the cop ask for? License and registration, is your name on it? yes, then have a nice day sir!
It's not what you know, it's what you can prove. He say, she say shit doesn't fly in court. Case closed

[slaterd]

did you two sign a contract between each other? Also it has to be worded right, etc. If not this shit is not even making it to court. Smooth is a paranoid fuck. You just pretty much rented her the car for a few years. Just like the cops said, if everything is in your name then it's yours, doesn't fucking matter if she has a note saying you loaned it to her it's yours period. Your name is on all government docs and loans all she did was pay for it. She could have just been your sugar mama who was paying for your car. They don't care who pays for it as long as they get their fucking money! My dads name is on one of my car registrations he can come take it and not get in trouble, why because his fucking name is on the reg. If you get pulled over what does the cop ask for? License and registration, is your name on it? yes, then have a nice day sir! Case closed

That's exactly what my creditor, police, lawyers, friends, R3V, EVERYONE has been saying.

[Thizzelle]

I think what the problem here was we didn't have all the facts and everyone was going off on assumptions. It's pretty clear now. Your names on all docs and hers is no where that means she's fucked. She's stupid for not changing loan to her name because she could have been building her credit score up that whole time, fucking moron. Sorry.

[ST1G]

I consulted with another lawyer today and told him everything. Even that she has all bank statements saying she paid for the payments and proof of her paying insurance. I also told him the extent of the contract. He said I don't owe her a dime because it was my car...the creditor told me I can take MY car. I'm going to consult another lawyer tomorrow and if he says just like everyone else...then it is what it is.

You're consulting lawyers for days.

[slaterd]

Lol Cause I don't want to be paying her money for dayzzz

[ST1G]

Lol Cause I don't want to be paying her money for dayzzz

Yeah, I just don't get why one isn't enough. If you go to a reputable one then you're good.

[2mAn]

I hope this goes to Judge Mathis or something, then I can watch and LOL. Make sure you mention the E30 more than once. Judge Mathis likes E30s. true story