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

month back in nov 1...
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?
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Answered in 17 minutes by:
11/1/2010
Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 6,425
Experience: 20 years experience as a civil trial and appellate lawyer
Verified

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
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Customer reply replied 7 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!

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.

 

 

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Customer reply replied 7 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..

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
Maverick, Attorney
Category: Legal
Satisfied Customers: 6,425
Experience: 20 years experience as a civil trial and appellate lawyer
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