How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Maverick Your Own Question

Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 3431
Experience:  13+ years experience in litigation and business law;
16823287
Type Your Legal Question Here...
Maverick is online now
A new question is answered every 9 seconds

I bought a car froma lady with 24 month terms for 440.00 per

Resolved Question:

I bought a car froma lady with 24 month terms for 440.00 per month back in nov 1, 2008. which 24 months from then is nov 1 2010. Now that I have made all 24 payments she is saying that because I didnt pay before the 3rd of every month that I have late fees and interest and a balance of $6k! Although I have not paid her 30 days late inthe entire 24 months I have paid. She is alledging that this is affecting her credit, however with the payment being due on the 3rd and the payment actually being paid on the 19th the 24th or some other day in the same month doesnt give the finance company a legal right to pu tthis on her credit. Since the payment hadnt been into the next pay period.
There is no provision in our contract stipulating late fees. IN FACT THERE IS NOTHING IN THE CONTRACT ABOUT LATE FEES.
I have requested the documentation from the finance company she is saying has charged these fees and she has not been able to produce it since February 2010.

Now she is threatening to have the car repossessed if I do not continue payments on the car. Which is NOT in our contract. She has made it clear that she does not have a title to give to me because the car isnt paid off, although I have a clear cut contract with her about how many payments and how long the payments are for.

I believe her subletting her car is in breach of her original contract, in some form or fashion. But I have made a police report against her (she doesnt know it yet) for harassing phone calls, because I have the car and she is threatening to report it stolen, which isnt true when I have all of the contract payment receipts etc.

I am going to have to sue her for the title. However, I need to know exactly what I can sue her for in a civil case? i.e., Fraud etc.

She then sends me a text message saying she is willing to work this out and extend the contract. why dont I have her atty draw up an extension on our contract! LOL. is she insane. I am not extending anything. Please help what can I do?
Submitted: 3 years ago.
Category: Legal
Expert:  Maverick replied 3 years ago.

You have to file a declaratory judgment action and have the court sign an order that says that the title now should be in your name. You then take that order to the DMV and get a new title. This would be a "specific performance" type of remedy for breach of a contract. Sometimes the courts will not allow this for non real estate transactions but your case may still qualify for it.

 

In the same lawsuit you will have to sue her for breach of contract and ask for the alternative remedy of damages. You were entitled to get the benefit of the bargain and to the extent that yo have to give her the car back, the court should award you damages in the form of the fair market value of the car. In other words you would get a judgment against for that dollar amount.

 

As to the late fees, she is not entitled to them if you did not agree to pay them. However, she may be able to offset any losses that she can show she she incurred by you paying late past the due date.

 

 

Please click "Accept" so that I can get credit for this answer. We can continue our conversation after that at no additional charge. Thank you.

 

This information is provided so you may better discuss legal issues with your attorney. Consult a local attorney for legal advice before acting. You may be able to find an attorney in your area to further assist you at http://www.martindale.com/ or at http://www.lawyers.com/ .



Edited by Maverick on 11/1/2010 at 12:03 PM EST
Customer: replied 3 years ago.

She doesnt have a clear title to this vehicle. the car is in her name being sold to her from a buy here pay here lot. So they are the rightful owners ofthe vehicle at this time as far as what I have been told., Because she is saying she cannot get the title until the remaining 6k is paid off.

 

she sold me the car for 11350.00 and now that I have paid that she is now trying to get more moeny out of me saying that there is a 6262.79 balance now due to late fees and interest. I paid for 24 months according to our agreement and she now claims she doesnt have a clear title.

 

So with that being the case how can I ask for a transfer of title and she doesnt own it?

 

I thought this was a bait and switch type of scam where we have a contract and at the end of the contract there are mysterious charges she alledges. But either way I have fulfilled my part and Im interested in suing her because I am 8 months preganant and now to have no car after fulfilling the contract is wrong!

Expert:  Maverick replied 3 years ago.

In this case, your damages against her are going to be limited to money damages. Which means that you can sue her for breach of contract and get a judgment against her for the fair market value of the car, which is the VALUE of what you would have owned if she had fulfilled her end of the bargain.

 

You can also sue for fraud or deceptive trade practices, but it is a harder claim to prove than the breach of contract claim and your result would be the same but you may also get punitive damages for fraud cases.

 

 

Customer: replied 3 years ago.

would you recommend taking this to superior court or to magistrate court/ small claims. Here in Georgia, the small claims has a maximum of 15k.

 

I would love to have an atty but right now to go to superior court but I may have to goto small claims court because of the cost factor and the fact that she has asked me to restructure the contract to extend the purchase time. This car isnt worth what I paid for it. AT ALL. but i needed a simple solution when I did the transaction and I am covered in the contract, I have fulfilled my part and now in the end she stillowes and additional 6k in principle. NOT in fees. So basically she sold me a car thinking I would start paying and then once I was vested she could get an additional amount out of me. But htis car is an 04 Chrysler concorde with 175kmiles now.

 

I am not paying her another 6k and the car is only worth 2500 at best. I paid her 11,350 per the contract and now she is trying to get more out of me and threatening to report the car stolen if I do not continue payments.. it is just screaming extortion..

Expert:  Maverick replied 3 years ago.

If you do no have the money for a lawyer, then you should sue in the small claims court. One thing that you can try is to sue for a refund of the amount that you have paid and leave it to her to see if she can defend that by establishing the deduction amount for the fair monthly rental value of the car.

 

She doesn't have a leg to stand on to report the car stolen since you have a written contract and since she does not have title to it. If you kept driving the car and she did not make payments the tote the note lot is going to have it repo ed.

Maverick, Attorney
Category: Legal
Satisfied Customers: 3431
Experience: 13+ years experience in litigation and business law;
Maverick and 19 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.