Does She Have A Case?

[Inkpen]

have some compassion will ya

Free counseling at Health Department, free credit counseling at her bank, free birth control from the Health Department, free credit repair help from Credit Counsel..ALL SORTS (free) of help for her out there she could have gotten BEFORE she got into this mess.
Her fault..her responsibility..not yours.
She has to live with this the rest of her life..in most cases..50-60+ years.
Compassion...why should I feel sorry for someone like that?
She had all that help and ignored it all.

 

[donbarzini]

Now she is broke, scorned, 2 rugrats, bad credit, and no car. Ask her if she wants to get married. TIA

vBulletin Message
You must spread some Reputation around before giving it to Pete again.

 

[Richard Cranium]

Perhaps there's something I don't understand....

What testimony of yours is going to provide any factual evidence to a judge?

 

[Negative Nancy]

She will just screw him in the end with child support.

 

[Negative Nancy]

how did she trap him?

Sounds like between her legs.

 

[Kyle]

Some chicks require very little, a functioning wiener, a Camaro and a mullet.

Didn't you sell your Camaro?

 

[SLIM]

one question at a time

dont people in relationships do things and buy things for one another when the other isn't financially able?
Of course she can prove the kids are his, he knows they are.
They were engaged to be married...he cheated so she broke it off (hence the breaking up)

The first thing she should have done when they broke up was to have the car put in her name and gotten her own insurance. Second, she should have filed for child support.Some people gotta learn the hard way All the shoulda's and woulda's aside, Good luck to your friend, she's gonna need it.

 

[_MightyMouse_]

She should of thought about the repercussions of having his name on the vehicle when they broke up. Once it was paid off she should've transfered the vehicle into her name! However, I don't agree with the fact that he kept the money when she made all of the payments on the vehicle.

 

[vraiblonde]

However, I don't agree with the fact that he kept the money when she made all of the payments on the vehicle.

Well, he's definitely a jerk but the question was whether she had legal recourse. To which the answer is "probably not".

 

[SEABREEZE 1957]

Nope. It's called a "straw purchase" is illegal in some states. Plus, if the insurance was in his name and she was merely on the policy as a driver, then the insurance company finds out that *she* was the primary driver of the vehicle, the case will be a moot point because the insurance company will sue them for fraud.

Interesting...I always thought that applied to gun purchases, but I was wrong...
"A straw purchase can also be defined as any purchase, where the purchaser is knowingly purchasing an item or service for someone who is not able to complete such a transaction. In the realm of a car purchase, a straw purchase is prevalent as well. If a certain individual does not have the appropriate credit to purchase an automobile, based on his or her credit alone, he or she may solicit a friend or relative to purchase the automobile for the use of another. As it is legal to purchase a vehicle for personal use, if one were to purchase a vehicle under the guise of personal use, and to turn the use of the vehicle in a full-time capacity to another, that would also be considered an example of a straw purchase.

A straw purchase can also connote a purchase dealing with a wide range of dealings; including but not limited to: housing, tobacco, alcohol, prostitution, drugs, firearms, automobiles and dealings with credit, such as loans and credit cards.

If intent can be proven, this action is illegal and punishable according to state and federal law."

http://www.answers.com/topic/straw-purchase

 

[_MightyMouse_]

Well, he's definitely a jerk but the question was whether she had legal recourse. To which the answer is "probably not".

I think that this case belongs on Judge Judy or one of those daytime sagas!

 

[This_person]

he never paid one payment.

i'll add...he hasn't paid child support since they broke up.

so not only is he in the arrears, he left her without a car and took the insurance money! thats grimey...

im showing up as a wittness for her...

Child support has nothing to do with this. Clearly, the guy is a jerk (see reason for breakup)(see also, kids without marriage), but the law doesn't recognize right and wrong, only legal and illegal. The short of it is, she'll be recognized as nice to buy him a car. Most people will feel bad for her, even though much of this could be seen as foreseeable, but if the car is in his name, it's his (unless he declares in front of a small claims court judge that it was really hers - doesn't sound likely). After all HE had insurance on it, not her. And, she was protected by that insurance against her loss of income, etc, from her accident. She got what was hers, he got what was legally his. Hope she (and others who read her story) learn!

 

[This_person]

How can there be 110% of the vote?

 

[vraiblonde]

How can there be 110% of the vote?

Because you can vote for more than one thing.

 

[RadioPatrol]

Interesting...I always thought that applied to gun purchases, but I was wrong...
"A straw purchase can also be defined as any purchase, where the purchaser is knowingly purchasing an item or service for someone who is not able to complete such a transaction. In the realm of a car purchase, a straw purchase is prevalent as well. If a certain individual does not have the appropriate credit to purchase an automobile, based on his or her credit alone, he or she may solicit a friend or relative to purchase the automobile for the use of another. As it is legal to purchase a vehicle for personal use, if one were to purchase a vehicle under the guise of personal use, and to turn the use of the vehicle in a full-time capacity to another, that would also be considered an example of a straw purchase.

A straw purchase can also connote a purchase dealing with a wide range of dealings; including but not limited to: housing, tobacco, alcohol, prostitution, drugs, firearms, automobiles and dealings with credit, such as loans and credit cards.

If intent can be proven, this action is illegal and punishable according to state and federal law."

http://www.answers.com/topic/straw-purchase

Ouch .........


So the only way to be legal on this is to be Married -

You Have to Buy the Cow, because the Milk Ain't Free ........

PS: the guys an ass, but I agree she probably got screwed again ....

Documentation is Everything

 

[awpitt]

She should of thought about the repercussions of having his name on the vehicle when they broke up. Once it was paid off she should've transfered the vehicle into her name! However, I don't agree with the fact that he kept the money when she made all of the payments on the vehicle.

She wouldn't be able to transfer the vehicle to her name without the consent from whoever is on the title.

 

[Nickel]

In the realm of a car purchase, a straw purchase is prevalent as well. If a certain individual does not have the appropriate credit to purchase an automobile, based on his or her credit alone, he or she may solicit a friend or relative to purchase the automobile for the use of another. As it is legal to purchase a vehicle for personal use, if one were to purchase a vehicle under the guise of personal use, and to turn the use of the vehicle in a full-time capacity to another, that would also be considered an example of a straw purchase.

Would that apply to children as well? When I was 17, I "bought" a vehicle, but obviously couldn't take out a loan on my own. My stepdad bought it for me, and I paid him back. Would that count? Plenty of parents buy cars for their kids.

 

[crabcake]

im showing up as a wittness for her...

A witness to what? Her making payments on the car? Him falsifying the title somehow? :shrug: You can testify to her being qualified for saint-hood; still won't make a difference legally if her name isn't on the title.

That's why having a title transferred usually requires a notary so that it is verified that the names on the title are correct.

 

[Qurious]

A witness to what? Her making payments on the car? Him falsifying the title somehow? :shrug: You can testify to her being qualified for saint-hood; still won't make a difference legally if her name isn't on the title.

That's why having a title transferred usually requires a notary so that it is verified that the names on the title are correct.

i am a witness to her asking him repeatedly to transfer the car title over to her name and he would blow her off.

 

[SoMDGirl42]

If she was injured in the accident and has documented injuries, have her sue the insurance company! She should have already received the PIP (personal injury) money, which is usually at a minimum $5,000.00 or more depending on what coverage you choose. Have her hire a lawyer who will sue for the remainer of the insurance coverage. Most lawyers will only collect if you win the case. If they do not have to go to court, it is usually 33% of whatever the final settlement is minus the medical bills which they will negotiate to a redued fee. If they don't win the remainer of the money, she won't have a lawyer fee.

and, have her file with the state's attorney's office for child support!