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Question

Daughter bought a car for $4000. She would put in half and she would owe me for the other half.(Verbal agreement) She came up $300 short. I put in the differance. Also car needed tires.I also put that in. She promised to pay me back. So I lent her $2000+$300+$400= $2700.00! She agreed to pay me back in monthly installments. I told her I would waive the $400 if she didn`t miss a payment. All I received is a $50 check. I believe my x-wife might have put the title in her name. I am divorced and my daughter lives with my X. What can I do legally to get my money that is owed to me? I have phone text messages from my daughter admitting she owes me the money. She is 18 now. Thank you Michael P Dzema

Submitted: 427 days and 15 hours ago.
Category: Legal
Value: $30
Status: CLOSED
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Optional Information

Clark, New Jersey

Already Tried:
XXXXX@XXXXXX.XXX. Asked my daughter to make her payments. Took her to dinner and told her I settle on $50 a month. She has not returned my calls. We have no contact. I believed the car now might be registered and owned by X-wife! Deal was made in October of 2007. Received only $50. Original payment plan was end of Nov/07 she would pay be the $300 she was short then $100 at the end of each month until paid.

Posted by LawNinvest 427 days and 15 hours ago.

Info Request

Could you please tell me if she sent any of these text messages while she was 18.

Was she 18 when she made the $50.00 payment?

In what state was the agreement entered into?

Thanks

427 days and 15 hours ago.

Reply

She turned 18 on March 23 of 08/ Messages were received on March 26 of 08. This is in the state of NJ.

427 days and 15 hours ago.

Reply

Don`t know the date I cashed her check. I still have 2 text messages on my phone.

Accepted Answer

Thank you for your reply and sorry for the delay as I was assisting with another customer.

Although she was a minor at the time this agreement was made, the fact that she made text messages confirming payment and what she owes you gives you clear evidence to show that a debt existed and her obligations to pay you. The $50.00 check you got from her serves as evidence that the agreement existed. Unfortunately, if mom now owns the vehicle, you cannot take the vehicle from mom. Your cause of action would be against your daughter via a lawsuit.

Before you try suing, send your daughter a written demand letter itemizing the terms of the agreement and due date for her to comply. Let her know that failure to comply will result in a lawsuit. Send this by register mail to confirm receipt and keep a copy for your records. Hopefully this will motivate your daughter into paying. If not, then you will need to file in small claims court to recover what she owes you. You can then present the text messages and checks you got to support the existence of the agreement and intent to be bound. The demand letter can also help in establishing the terms.


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Expert: LawNinvest
Pos. Feedback: 99.5 %
Accepts: 7365
Answered: 9/6/2008

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