SRS Financial Advise ( ex-gf, unpaid debt, etc. )

Discussion in 'On Topic' started by RuskeR, Aug 31, 2006.

  1. RuskeR

    RuskeR ReksuR

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    I posted this once on OT and got a few laughs at some of the replies and advice I recieved but it's become a more serious issue now.

    Please avoid the flames as I'm trying to get REAL advise. I was young, immature, etc.

    Here is the short version:

    -With GF for 4-5 years, ended before we were to get married. :bowdown:
    -Sold her my old car, but kept the title ( not a good idea as I found out )
    -She stopped paying for the car ( owes $2.5k )
    -Owes 2-3k in credit card debt

    She hasn't had a job in a year or so and uses that as an excuse for not paying. Her boyfreind pays for all her shit so there is no incentive to actually work for a living.

    I had planned on taking her to small claims (5k or less last I checked) about the car, and maybe again for the credit card debt. Now without her working and not owning any property etc I'm probably just wasting my time?

    The thing is she is getting married in Sept. of this year. Should I wait until she is married? Any benefits to her being married when I take her to court or should I take care of it now?

    "can't get blood from a stone...." It will probably hold true in my sitaution but, it's not about the money it's more about trying to do something about it rather than let it go.
     
  2. Coottie

    Coottie BOOMER......SOONER OT Supporter

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    So the loan on the car is in your name but she is driving the car?? Talk to an attorney for a "real" answer. However, if it were me, I'd send her a certified letter telling her to pay the loan on the car or you'll be forced to take action to protect your interests. Then I would reposess the car, sell it and pay off the loan. Why you would ever agree to give someone a car but keep the loan in your name is beyond me.....not really a good decision IMO. But you can fix it. You should talk to an attorney first to make sure you do things "by the book". As a last resort, you could report the car as stolen (since you are the legal owner) but I wouldn't suggest that.

    IMO your decision to wait till after she's married or not is something you should discuss with your attorney. You may not be able to go after the husbands assets to satisfy the debt on the car.
     
  3. Ford4Life

    Ford4Life Guest

    If you still hold the title on that car you can repo it, and I would do so. As Coottie said, send her a letter saying she has 30 days to pay the balance, if the doesn't the car will be repo'ed by you.

    When you go to repo the car call the police before you go and let them know, that way if her current boyfriend tries to start anything you are already on record. Also, they have to be notified in case one of them reports the car stolen.
     
  4. Coottie

    Coottie BOOMER......SOONER OT Supporter

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    This is why you should talk to an attorney. From my limited knowledge (I'm not an attorney), you must first notify her that she is in default of your agreement and give her an opportunity to respond. Then you can take action....however, there's a lot of stuff to be careful of....such as extortion.

    GET THE ADVICE OF AN ATTORNEY BEFORE YOU DO ANYTHING!!!
     
  5. RuskeR

    RuskeR ReksuR

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    Yeah, I think it's coming down to where I need to speak with an attorney.

    It was a HUGE mistake keeping the title in my name, but I didn't look at it this way.

    The last I heard the car didn't run so repossesing it didn't seem like a good idea. I lived 2 hours away and I didn't exactly know where the car was.

    The reason I'm posting this is the car got towed. Apparently it did run and was parked somewhere it shouldn't have been.

    So, I could probably just sign the title over to the yard to avoid any additional fees.. towing, storage, etc. which is what I may do. I just don't want to sign over the car and not be able to collect the money she owes to me because I did this.

    I'm paying for my mistakes and letting shit go for not wanted to deal with it. Lesson learned. :(

    The focus now is to just get whatever i can from the debt and be done with it. If there is nothing I can realistically do then I will drop it and move on. The debt has long been paid and I'm financially stable.
     
  6. RuskeR

    RuskeR ReksuR

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    There is no loan on the car. The car was paid off long before I sold it to her.
     
  7. Coottie

    Coottie BOOMER......SOONER OT Supporter

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    wait...you said she owes 2.5K on the car...is this how much is remaining on the amount she bought it from you for??

    Well I would NOT sign over the title of the car to the towing company. You thought it was not running but it is....you don't know but she may also have done some improvements to it (or perhaps her b/f did) and it may have some value. Before you do anything, you need to know how much is owed to the towing company.

    You already have incomplete info...you should gather more data then discuss these things with an attorney. Keep in mind, if you get a judgement against her, it's highly unlikely that she can escape her obligations to you with bankruptcy. Also, when you have a judgement against someone personally, you can go after ALL THEIR OTHER ASSETS.

    My attorney got a judgement against a deadbeat dad who was still trying to avoid paying anything...eventhough he had a court order to pay. So my attorney hired a PI and followed the guy....when he took his clothes to the laundry mat, my attorney got the clothes! My attorney kept acquiring this deadbeats property till he finally paid up. :)
     
  8. pixing

    pixing New Member

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    If you take her to small claims court and win you can get a lien against wages, property, and her bank account (this all costs additional but small amts of money to you) She'll owe it no matter what. No lawyer necessary. But if you listen to judge judy/mathis etc it would help a lot of you had any agreement to repay in writing... but even if you don't you can win.
     
  9. RuskeR

    RuskeR ReksuR

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    Wow, that is awesome. Unfortunately I know a few deadbeat dads as well. Hopefully they eventually get caught as well.


    When I say she owns 2.5K that is the remainder on what she owes me for the car. Another mistake in thinking paying me every month would work out. Although it did for awhile.
     
  10. RuskeR

    RuskeR ReksuR

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    Looks like that is what I'll need to do in my case. Although last I checked it's only up to 5k. So I'd need to only go after 5k once, or go once for the car and another time for the credit card debt she owed.
     
  11. Coottie

    Coottie BOOMER......SOONER OT Supporter

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    Even if you go to small claims court, I would suggest you speak to an attorney. It'll only be ~$100-$200 or so and it's well worth the money IMO...especially if you aren't familiar with how the court systems work. You should prolly go after everything at one time....add up all the money she owes you and go for the whole amount at one time.

    Keep in mind, verbal contracts are legally binding...except when you are dealing with real property (land, houses, etc). It sounds like you have a verbal contract (but this is why talking to an attorney can help)....you give her the car, she give you money each month. The attorney can also help you put your arguments into words that will make sense to a judge which can be very important to winning your case.

    Keep in mind, Judge Judy is #1 entertainment and #2 NOT a court of law. Yes it's based on the laws but you will see things in her court that you won't see in a real court of law....do NOT make the mistake of thinking Judge Judy or The Peoples Court or any of those shows are courts of law....they aren't!
     
  12. pixing

    pixing New Member

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    true - but I've represented my company at small claims court a few times (for unpaid ad revenue) so I have a little experience

    mostly it's dry dry dry paperwork and in my experience the people have paid up once they were served, that will likely be different here as well

    ps - what kind of lawyer even talks to you for less than $200?*

    edit because I'd like to find one, our wills cost an arm and a leg to get :hsd:
     
    Last edited: Aug 31, 2006
  13. Coottie

    Coottie BOOMER......SOONER OT Supporter

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    Heh, my attorney only charges me $150/hour. Wills are something completly different then a consultation like this. I wouldn't need more then an hour with him to get my plan of attack lined out....but then, I'm more familiar with lawsuits then the OP so perhaps it'll cost more money.

    Thankfully, I've never been to small claims court. Hope I don't have to go anytime soon.
     
  14. RuskeR

    RuskeR ReksuR

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    :rofl: Dammit I was hoping for some Judge Judy antics.

    The deal with the car was put on paper. What day of the month payment was to be made, the amount, VIN number, etc. So I should be covered since this is more than just a verbal contract.

    The same goes for the credit card debt that she agreed to pay. The amount of the card was listed along with her half, and her portion she is to pay each month along with the date.
     
  15. Ford4Life

    Ford4Life Guest

    You got her by the nanner hairs then. ;) Go after her in court.
     
  16. Coottie

    Coottie BOOMER......SOONER OT Supporter

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    :werd:
     
  17. hornet

    hornet New Member

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    What Coottie said.
     
  18. RuskeR

    RuskeR ReksuR

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    Waiting to hear back from a few attorney's about speaking with them for 30mins-hour. Hopefully someone calls back but I understand it's chump change to them.
     
  19. Coottie

    Coottie BOOMER......SOONER OT Supporter

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    Yes...unfortunatly it is. Fucking attorney's! I hate them all. :rofl: ok...so I don't but it's too bad when you need legal advice but you can't get it cuz your case just doesn't have the $$$ attached to it.
     
  20. Stilgar1973

    Stilgar1973 New Member

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    This is what my girlfriend and I went through.

    My girlfriend used to date this guy, Eric. Eric had shitty credit and was (and still is despite being over 30) not doing anything to fix it. The impression I get is the guy just doesn't care about his credit.
    So while the guy dated my girlfriend he had a string of cars and other things bought on credit. When I started dating her he still had 2 items that were outstanding with her - an HDTV that he was still paying on and a car.

    The HDTV was in his posession but it was completly on my girlfriends credit. He would go into a Circuit City and pay on it once a month.
    The Car was also in his posession, but it was a loan in his name that she was a COSIGNER for.

    I was none too happy with the situation. If nothing else I was jealous that she still had a connection to him that couldn't be broken.
    Eventually he called her up and said he could only make 1/2 the car payment that month. We fought cause I was like, 'Take it away from him!'. I was getting into business that wasn't mine to get into.
    She made 1/2 the car payment that month.
    The next month came along and he called and said he couldn't make any payment.
    I wanted to offer to take the car off his hands in exchange for taking the HDTV away from him. I figured that my girlfriends credit was at risk and that ultimately I was going to be the one paying. The car I was driving was 16 years old. I might as well be driving a newer car.
    However it wasn't the correct answer. I discovered the car was leased and had only 4,000 miles left until it ran over the mileage for the lease - and 2 years left on the lease. That alone was a reason we couldn't keep it (and he shouldn't be either).
    The 2nd thing I learned was that the finances of the lease were weird. Apparently when he got it leased there was a lot of money from old debts that were dumped ontop of the lease. The car was still 'upside down' in the lease. It's worth was less then what it would cost to buy the car and cancel the lease. Reason #2 why we couldn't keep it.

    So my girlfriend took her car and that car to the dealer and got herself a new car (newly used). Because of the financial status of the ex's car her car that she just aquired is also upside down. Of course she didn't get a lease, she got a loan.

    And that is how we became stuck with the debt of her old boyfriend.

    Thing is, when someone cosigns they are agreeing to make payments if the other person cannot or will not. If that other person defaults it will reflect negatively on the cosigners credit. So someone with good credit (my girlfriend) is going to feel very, very pressured to make those payments.

    Oh, we took the TV. I sold it on ebay for $800.

    So what should you do?
    Small claims court is an option.
    However in my state (Pennsylvania) you are NOT permitted legal representation in small claims court. If you are in PA and you are calling attorneys, well they can give you advice but they cannot represent.

    I seriously doubt you can sign the car over to the yard. If the loan on the car is still outstanding then the car is the collateral on the loan, you can't resell it without satisfying what is left on the loan.

    Even if you CAN sign it over, I wouldn't.

    The more I read this the more I agree with talk to an attorney.
     
  21. RuskeR

    RuskeR ReksuR

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    Stilgar... damn that must have sucked. Sounds like it's taken care of and on it's way to being completely paid off.

    There is no loan left on the car. The car was mine when I sold it to her.

    So, she was making payments to me.

    How I got the car...

    My parents bought the car and I made payments on it until it was paid off. When it was paid off I was with her for about 3 years and we were to get married in 6months. I bought a new car but still had the car in question. She had an old 83 civic so I wanted to let her drive it.

    My parents didn't like her so we made a deal that she can drive it as long as my parents and I are still on the title along with her.

    When we broke up her and I made a deal that she would buy the car, and in return she would give me her old car so I had second vehicle.

    Everything is on paper so I should be okay. This was only about 3-4 years ago and I think I have 6-7 to do something.

    It sounds like the car was parked where it shouldn't be, or quit running and left at an apartment complex and got towed. The car is a 93 escort so even in good running condition it's only worth about $800-1000 I would imagine so if the tow/storage bill is anywhere near that I would consider signing the car over to cover all charges.

    If an attorney would call me back about setting up something to meet with him I could figure out if this is a good idea or not. I don't want to sign over the car until I know if it won't fuck me over in court.

    The towing place applied for a junk title and I have 15 days to respond. The letter was dated the 25, wasn't sent until the 28th and I didn't recieve it until the last day of the month. So I'm down to about 9 days left to respond and have a 3 day weekend coming up.

    I'm sure the storage fees are racking up. :(

    I've been trying to get ahold of her but I'm guessing she knows whats up. Maybe I should have her sign something saying that it's okay to sign the car over to the towing yard to avoid the fees and she will still pay for the car? lol I doubt that will happen.

    Fuck!
     
  22. RuskeR

    RuskeR ReksuR

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    Damn I understand $100-150 to them is nothing but I'd pay in cash and they could just pocket the money. All I need is about 45mins of their time. :x:
     

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