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Old 11-06-2016, 03:37 PM
 
Location: Chicago, IL
55 posts, read 161,468 times
Reputation: 158

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Last year, a family friend I've known for 8 years asked for a car loan of $6,000. Their credit is terrible and they could not qualify for a loan. Being the pushover I am, I agreed, and I also never put myself on the title as a lienholder. We never signed a written agreement, just texting back and forth the terms. I gave them $6,000 cash and they bought the used car and have the title. They were suppose to pay $300/month until paid off. They made 1 payment of $300 and never paid again. I've been asking them for the $ and keep getting the run around. I also gave them the option of just signing the title to me and I'll sell the car and try to recoup the money. But they refuse to sign the title to me. They still use the car daily and it's parked in front of their house.

Here is the best part...I drove by their house yesterday and noticed the side of the car damaged and the other side saturated in yellowish gooope. I called and they told me they came home drunk last week and side swiped their garage wall. As far as the yellowish stuff, my friend told me he and his buddy were using the car as a target for paintball practice! To top it off my friend's father called me and told me, very threatening, they assumed the car was a gift and are not obligated to pay me. Apparently I just go around buying people cars!

Would anyone here recommend going to small claims court? My friend works for the LV muni gov't and makes approx $35-$40k/year. In NV we can garnish wages to 25% of gross pay with a judgment. So I guess if I win the judgment they city will send me 25% of their paycheck every friday. I also have their bank acct # from the check they made the payment with.

It's unreal how people, even one you know, just think it's your obligation to buy them expensive things.
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Old 11-06-2016, 03:40 PM
 
16,235 posts, read 25,080,814 times
Reputation: 27047
File a case against them in small claims court. Those texts will be good evidence. So will the one payment they made....Have copies of that payment, and save the texts on your phone to show the judge in court.

Watch some Court shows on TV, it may give you insight into what helps win cases so that you are prepared.

Good luck to you
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Old 11-06-2016, 03:51 PM
 
9,446 posts, read 6,520,229 times
Reputation: 18898
Try to get an actual copy of both sides of the check if you do go to court. With only a verbal agreement, you'll need something substantial, and it sounds like that's all you have. Actually, I would consult with a lawyer for direction in the matter. Possibly a threatening letter from the lawyer would have results. People can sure be disgusting.
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Old 11-06-2016, 08:22 PM
 
2,557 posts, read 4,549,677 times
Reputation: 2228
Many people have a strict rule about not loaning to friends and family. And for good reason.
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Old 11-06-2016, 10:27 PM
 
3,598 posts, read 4,930,564 times
Reputation: 3169
Have you never seen an episode of People's Court or ANY court show? This is a classic case. How are people so incredibly gullible in this day and age?
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Old 11-06-2016, 10:28 PM
 
625 posts, read 793,189 times
Reputation: 350
Hope you can get it figured out. I would definitely act on it though. Get as much documentation as you can.
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Old 11-06-2016, 11:27 PM
 
Location: Here and there, you decide.
12,908 posts, read 27,870,884 times
Reputation: 5050
All you have is a verbal agreement, the texts mean nothing. You can try small claims... You are incorrect about the garnishment.. its 25% over a certain amount in Nevada.. If they make 35k, thats about 600 a week give or take.. i believe the threshold is 400. you can garnish 25% of the 200 over....
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Old 11-06-2016, 11:54 PM
 
594 posts, read 693,739 times
Reputation: 761
Forget about it and put the matter in God's hand. Explain the situation to him and let him work it out.
Don't say another word to your family, act like nothing happened. Treat them how you want to be treated.
God says do not repay evil with evil.
He also says " vengeance is mine saith the Lord ".
Believe me from personal experience......God's system works !
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Old 11-07-2016, 12:22 AM
 
Location: Redwood City, CA
15,242 posts, read 12,816,144 times
Reputation: 54012
Quote:
Originally Posted by airics View Post
All you have is a verbal agreement, the texts mean nothing.
A verbal contract is sufficient.

Does a Contract Have to Be in Writing to Be Enforceable? | Las Vegas Tribune

Some judges will consider texts as evidence.

OP, now you understand why their credit is terrible.
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Old 11-07-2016, 01:05 AM
 
997 posts, read 928,436 times
Reputation: 2363
I think you have a case. The texts negotiating the terms are evidence as well as the cancelled check. He would have to lie under oath and that could get him in trouble..

Judge Judy would never put with that nonsense, but she would want evidence. You have enough for Judge Judy. He would lose the case and he would get a scolding.
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