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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88640
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Good day... I was dating this girl that bought a car and

Customer Question

Good day...

I was dating this girl that bought a car and offered it to me. I went and saw it and I though it was a bit to much she went and bought it anyway she paid $1900 for it. She told me to put it in my name and when I could to pay her back... I told her I didn't know when or if I could ever pay her. Later I found out she used the money of a student loan she had to pay for the car and wanted me to pay her with interest. I told her no cause the car is value at $980 and that I had done repairs on the car and since she used it as well that maybe the car should be both of our names... I also proposed a payment plan but told her in an email that since she and I both used the car and I paid for all the maintanance and repairs plus gas that I didn't think is was fair for me to paid the whole loan... She never responded and a week later she broke up with me cause she meet someone else. She left me abandon in New mexico and took $200 from me and used my ATM without my consent. Now she is telling me to pay her for the car or we going to court.. I need legal advice in what to do.. I used the car but it needs more repairs. Please help me I lived in Utah and she left to California. She also is under my cell phone account and I need to pay 2 months of her bill and $450 for the phone she bought. What do I do??
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me:

1) Was your promise to pay her back in writing or just verbal?
2) Do you have title of the vehicle, or does she? Whose name is XXXXX XXXXX title?
3) Does she have proof of your promises to pay her back via email, text, etc, or no such promises were ever sent?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


It was in writting I send her and e-mail... it stated the folowing:


So I Monica Grace Martinez have this proposition for you…. I can give you $40 every paycheck so that is weekly unless my pay day changes… so that will be $160 a month… I will pay you $1900 if you like with no interest cause to be honest love I would had not pay that for that car… even if it’s a good car… the body damage and the little stuff in it…I would had negotiated $1500 for it… and if the guy wasn’t willing I would had walked away…. My 94 Camry had $140,000 miles no body damage new tires, ran well no mechanical issues and I got that for $1000. So if you are okay with that then we can do it that way…


 


If not we can come up with another solution. I still think the car should be under you and I name cause if something happens to me you are cover and you can claim the car.. is a good car and I appreciate you buying it still part of me feels horrible about it. I just think is an investment in for you more than anything. I have cover all the repairs on it and I can maintain it as well… so that is fair up to a point so that is another reason why I won’t pay interest on the car cause we both used it but I cover all repairs. We can discuss this further if you like…


 


Title is in my name and I have the title...


 


and yes she has copies of the e-mail

Expert:  Ely replied 1 year ago.
Friend,

Okay, thank you. Now, do you have title of the vehicle, or does she? Whose name is XXXXX XXXXX title? This is important.
Customer: replied 1 year ago.


I have the title of the vehicle and the title is under my name... She is no where in the title I paid for the registration I sign the paperwork and insurance also...


 


I just want to make sure if I go to court cause she told me she would take me I will win if not then I will just turn the car over to her... I don't want any troubles and I don't want to pay the $1900 the car is value at $98o or so

Expert:  Ely replied 1 year ago.
Thank you for your reply. Apologies in advance for the momentary wait while I am typing out an answer...
Customer: replied 1 year ago.


No problem.. I just want to do what is right for me and not worry about it...


Did I mention I have her furniture and I am paying for storage for her stuff as well... I want to be free from this relationship and do the right thing cause Karma will take care of the rest...

Expert:  Ely replied 1 year ago.
First of all, understand that unless there is a written agreement between you and her in regards XXXXX XXXXX vehicle, the car shall be seen as a GIFT to you. Unless someone in your situation stands in Court and states that "yes, this was an agreement where I was supposed to pay her back," there is nothing that she can do.

Ergo, hypothetically, someone in your situation may wish to take up the position that this was a GIFT. Unless she can prove otherwise, the Court will take the same view - it is her word against yours, 50/50, and she has to prove by a preponderance of the evidence otherwise.

Your name is XXXXX XXXXX title, you have the title, and you have possession. There is no written agreement as to repayment. The vehicle is yours and there is nothing to repay, arguably.

Now, you are going to ask "what about the email? Does it not show a debt?" Well, yes, but it is simply an offer to negotiate. It locks in nothing. Again, it may be argued - hypothetically - that she gave it to you as a gift, and then asked for repayment later. You sent her an offer, but she never replied... so it was never agreed-upon. Thus, that fell apart and the car remained a GIFT.

As such, someone in your situation may wish to write her a quick letter outlining that:

1) As far as your are concerned, this matter is now closed;
2) This was a gift;
3 You continue to see it as a gift; and
4) If she continues to harass you, you will get restraining order against her and possibly file a criminal complaint for harassment.

This should be sent as a certified letter, not an email. Short, and to the point.

Likely, the matter shall simply go away. Of course, the storage issue is separate, but, that may also be dealt with separately.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88640
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 12 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

what about if we have more e-mail going back and forth about the car.. do I just send her the letter???

Expert:  Ely replied 1 year ago.
Friend,

Unless there is an email wherein you specifically state that you agree/admit that this is a LOAN and not a gift, the emails are not damning evidence.

If there is such an email, let me know, and we will go from there.

But if not, then such a certified letter is the next best step, and may conclude this matter, then.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

This is what she has...
Now with the whole car thing... I wrote a proposition is in the e-mail... I also recall telling you when we were in the bank that I didn't want to owe people money anymore cause I owe my mom. I told you that I didn't know when I was going to be able to pay you back or if I was going to be able to. I recall this conversation cause we were at the drive-thru in wellsfargo. Yes I did recall the message for two reasons and that brings me to Solstice truth. 1st you never communicated with me what was going on with us... you have no excuse we talked and text and in those times you should had told me something was shifting. So do not try to justify it by saying " I did my best in communicating in the ways I knew how" No! wrong you are better then that and admit that you made a mistake and a huge one by not communicating that. So that was the truth...


 


 


Now about the car... I can't make no promises or arrangement at this time... the $200 keep them I don't need them anymore... So you have $200 and the $160 from before... so that is $360... plus the $44.20 of the ATM.... that was not right by the way you assume it would be okay... Now the t mobile account... I have to pay $450 for your cellphone alone... and two months of service.... so that is $72. something and $45 for the other month unless you have other charges... I have to paid $203 I think by today... So again I am being responsible. T-mobile tried to call you a few times and they were not successful so just wanted to let you know that... cause even though i turn the account over to you I have to pay your phone in full. I already argue this over and over so I couldn't do anything until they talked to you but they were not able to located you and that is why the phone is suspended cause like I said I can't afford $200 + cell phone bill. You do not have a job or money so I can't hold you accountable cause by law the account is my responsability and I need to handle it without expecting anyone to...

Tell me the truth though... how much do you need that phone?? The account is suspended as of now... I can't afford a $200 plus bill a month on cellphones I am thinking of canceling or going pre-pay once my contract ends in August. Still not sure but I won't played anymore into this system of paying for all this phone bills... Unless is needed and the only reason will be school!

So you tell me what you need and see if we can meet in the middle... I am discussing the small things cause you have being demanding for me to be responsible about the car and you know in a way or two I have... I haven't paid you cause I had Solstice to save up to and in ways I did give you some money.. then we had the maintenance of the car and I had to cover that so also understand that I made a lot of repairs on the car already and once again I am going to have to...The car wasn't a good buy.. I had the car value and sorry the car is worth less then $1000 sadly but true.... Reasons why... The car has that huge dent in the back and that takes a lot of the value... plus the light didn't work either... we had the issue with the wheel that your mechanic repair and the leak... all that impacted the car big time and the giuy who sold it lie... so here appraised the car yourself and see that I am telling you the truth... I added Rough in the condition cause of the bump in the back and the Mileage I add 139000 cause that is what it had when we got it... So even if we add the Average as condition still is way under what you paid....

http://www.edmunds.com/acura/integra/1992/tmv-appraise-results.html

So I could probably negotiate something for what the value of the car is truly cause we won't sell it for what you bought it... and I am still doing repairs on it now...

So we can be civil about it but you know any court of law will give me the car cause we never signed anything... the car is under my name and I spoke with my lawyer... yes had to for other issues and he agree as well...

Do I want to keep the car and be a bitch and ignore what you did?? The question is am I that kind of person?? You being very un-graceful lately and irresposible with your bills (phone) and the money I trusted you with so why would I not want to be mean and bitchy about the car??

Yet I know I just need time to thing and let it all go so that is why I told you let the car thing go for now... the more you push it the more you push me away about it.... so trust the process and trust that I will always do what is right... So now you will have to be patient and trust God...

 

Expert:  Ely replied 1 year ago.
Well, this may or may not show that there was some kind of an agreement in place. So you may call her bluff and simply send the letter. If she wishes to force the issue, she would have to file in small claims court, which has a fee for doing so. She may simply decide to cut her losses.

Customer: replied 1 year ago.

Okay...


So in best case scenario just do what you recommened and hope all goes well right? I mean I just want to cover myself and do not want to pay her the $1900 in worst case scenario would I pay her that or what true value of the car is??

Expert:  Ely replied 1 year ago.
So in best case scenario just do what you recommened and hope all goes well right?

Well it is your choice - I am giving general information only, but right.

I mean I just want to cover myself and do not want to pay her the $1900 in worst case scenario would I pay her that or what true value of the car is??

Worse case, it would be whatever the Judge feels the car is WORTH and/or what the agreement of the repayment amount was for, if she can prove it.

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