Does She Have A Case?

[crabcake]

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

Sorry to say ... her asking him to transfer the title still doesn't make him wrong and her right. :shrug:

 

[johnjrval424]

u can sue for whatever u want in small claims court last time I checked. what other action could she have taken against him?

No, you can't. Small claims court (otherwise known as District Court) handles a variety of cases but if your claim does not have merit, it will be dismissed. So, you can't "sue for whatever u want" in District Court.

Elaine posted:

That's funny, but seriously, I thought small claims court had a ceiling on the amount you could claim.

Yes, it does. District Court claims cannot exceed $25,000. If you are claiming damages in excess of $5,000, the Maryland Rules concerning discovery apply.

SoMDGirl42 posted:

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.

Nice try, but I don't think so. First of all, most people have $2,500 PIP coverage because that is the minimum in the State of Maryland. You can elect to have higher PIP coverage but you will pay extra. The acronym "PIP" stands for Personal Injury Protection. It is considered "no fault" coverage - in other words, even if you were at fault in the accident, you can still claim PIP and get reimbursed for medical bills and lost wages up to your policy limit. It is also paid by YOUR insurance company - not the liability carrier. So why would you want to sue your own insurance company?


Do I think the person has a case? Yes, if she has plenty of documentation. The judge may admonish her for allowing the boyfriend to keep the car in his name but it would have to be compelling evidence. She would need copies of the cancelled checks and her payment book (so the judge could see that the payments corresponded in amount and dates). Even then, the judge still may not rule in her favor because of the fact that her name was not on the title.

This should be a good example to everyone about CYA. No matter how trusting you are, if you don't take precautions, you can get screwed.

They don't have prenuptial and antenuptial agreements for nothin'...


ETA: For $20, you can file a claim in the District Court in your respective county. Once the Writ of Summons is issued and returned, you must get personal service upon the Defendant. If you don't know where the Defendant is, you can file for alternative service. However, it all takes time and effort and is not something to be done on a whim.

 

[Richard Cranium]

Tell your "friend" to buy herself a mega millions ticket if she's trying to hit the lottery.

 

[SEABREEZE 1957]

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.

Yep, my parents did the same thing...the only difference is that they included my name on the title...it helped to start establish my own credit.

I'm not a lawyer, but technically, I guess if the kid's name is not on the title, then it's illegal.

 

[SoMDMama82]

Question......So me and my fiance bought a truck together (I wanted one, and he needed a vehicle after his died), the truck is in my name only (he didn't have enough credit), but HE is listed as the primary driver for the truck in our insurance (policy is in my name). The truck is paid off now, but we split all our bills. He gives me cash, and I write the checks. So the payments were made in my name. Would that be considered a "straw purchase".

 

[Lenny]

....more importantly, what happened the day in court?

 

[Bustem' Down]

Question......So me and my fiance bought a truck together (I wanted one, and he needed a vehicle after his died), the truck is in my name only (he didn't have enough credit), but HE is listed as the primary driver for the truck in our insurance (policy is in my name). The truck is paid off now, but we split all our bills. He gives me cash, and I write the checks. So the payments were made in my name. Would that be considered a "straw purchase".

I'd say on your day in court, if he can't produce reciepts that say he paid, then you're going to get the vehicle.

 

[rack'm]

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...

I'd say, you know a lot of F'd up people.........

 

[Qurious]

....more importantly, what happened the day in court?

He filed a motion to postpone it...meanwhile she's trying to suponea records for from an old bank proving she made payments on the car.

I told her I dont think she can suponea her own records...the bank is charging her for those records back in 03' and 04'...

if she can't come up with those records I told her she mise well just withdrawl the claim and go for the back child support and pain and suffering for him leaving her and the children without a car.

 

[SoMDMama82]

Well, not that I'm planning on leaving him (or I wouldn't be engaged to be married to him). But, if something were to happen between us, I know I would get the car. I would just sell it though to pay off some of our other mutual bills.

Anyway, I had just never heard about the "straw purchase" thing. I was just wondering if me having the car in my name, but him being the primary driver would fall under this, and if it was illegal because we weren't married.

 

[Mikeinsmd]

Boyfriend financed a car for his girlfriend because she had bad credit. Then he is entitled to be reimbursed plus interest.

She made all the payments on the car while he paid for the insurance on it. She owed him the money anyway. After all, HE financed the car. She will owe for the insurance (if she was sole driver).

They pay off the car together with their income tax refund out of their joint account. If she wins in court, a portion of the award should go to him to make him whole for the $$ he put out plus interest.

They break up. So sad.

She gets into a car accident while pregnant with his second child and the car is totalled. She should go to driving school and take a course in finance and birth control. Then sue for child support.

A claim is filed with the insurance company and the insurance company issues a check made out to the policyholder (the ex-boyfriend) for what the car is worth. Rightfully so.

The ex-boyfriend takes the insurance money, adds his own to it and buys himself a new car. She is left without one. He only owes her the excess after full repayment of the amount he financed plus interest.

The insurance company reimbursed the girlfriend for her wages and medical expenses. As they should have.

She is now suing the ex for the amount of the insurance check issued for the car. She will have to provide proof she made the payments. Otherwise, she's SOL, AND... she is only entitled to the overage of what he paid for the car plus interest.

Do u think she has a case?

Mikeinsmd ESQ.