Domestic partnership purchased car

[Kona_wahine]

What is the name of your state (only U.S. law)? Oregon

My son borrowed $6000 from us and purchased a car which, unfortunately, put in both his and his girlfriends name. This was in October. Verbal agreement she would pay $150 a month for the car. She has paid nothing, didn't pay the registration and title transfer, and my son purchased insurance in his name only. Her driving record is a mess and she can't afford insurance.

They have been arguing and she has cut him off. They do not live together. There is one key and she has physical custody of the car.

He has a text that she agrees to pay $150 and that she hasn't paid anything and he told her he needs a payment Jan 1. She wants another 30 days beyond.

I'm thinking small claims is his only recourse. I'm thinking he should file after Jan 1.

He has physical custody of the title.

Opinions? (No judgement, i should have talked him out of the whole situation and we all know that now) TIA!

 

[xylene]

Are you out 6k or what?

Son needs a lwayer to need with his 'domestic partnership'

What do you want to do about the money owed you, that is what we're here to advise about.

 

[adjusterjack]

Since he also owns the car and has an equal right to possess it, a better option is for him to go get it, even if he has to hire a towing company to pick it up. Then he can lock it up in a storage unit somewhere so she can't get at it. That'll give him leverage over her to get the title signed over to him. Might cost him some to buy her signature. Might also cost him some to have the ignition and door locks changed. That's his tuition for a life lesson from the school of hard knocks.

Unfortunately, I see an even bigger problem for him:

my son purchased insurance in his name only. Her driving record is a mess and she can't afford insurance.

There is danger there if the insurance company doesn't know that she is an owner, driver, and has possession of the car. Failing to disclose that is insurance fraud and if she has an accident his policy can be rescinded and any claim denied and he could end up being financially responsible for the accident under the doctrine of negligent entrustment and lose his license for an uninsured accident.

Read these legal websites as many years as I have and you'll see that kind of tragedy happening all the time.

Small claims court is a bad idea because it will take months and she will still have the car and it won't really resolve anything because she is still an owner.

He needs to get the car and not wait any longer.

 

[Kona_wahine]

Since he also owns the car and has an equal right to possess it, a better option is for him to go get it, even if he has to hire a towing company to pick it up. Then he can lock it up in a storage unit somewhere so she can't get at it. That'll give him leverage over her to get the title signed over to him. Might cost him some to buy her signature. Might also cost him some to have the ignition and door locks changed. That's his tuition for a life lesson from the school of hard knocks.
.

I wasn't sure that he could just go have it towed. The police said to handle it civily. It it a life lesson for sure. I sent her a message hoping she'd respond but she hasn't yet. Thanks for the input.

 

[adjusterjack]

He can have it towed as long as he can find it and not breach the peace. He'll need to bring the title with him. Preferably when she's not around to challenge cause that can become ugly and end up with an arrest if he's not careful.

He can arrange for storage ahead of time and let her know he has it (but not where, of course) after it's safely out of the way.

Then he can deal with getting the ownership back.

 

[latigo]

What is the name of your state (only U.S. law)? Oregon

My son borrowed $6000 from us and purchased a car which, unfortunately, put in both his and his girlfriends name. This was in October. Verbal agreement she would pay $150 a month for the car. She has paid nothing, didn't pay the registration and title transfer, and my son purchased insurance in his name only. Her driving record is a mess and she can't afford insurance.

They have been arguing and she has cut him off. They do not live together. There is one key and she has physical custody of the car.

He has a text that she agrees to pay $150 and that she hasn't paid anything and he told her he needs a payment Jan 1. She wants another 30 days beyond.

I'm thinking small claims is his only recourse. I'm thinking he should file after Jan 1.

He has physical custody of the title.

Opinions? (No judgement, i should have talked him out of the whole situation and we all know that now) TIA!

She has every bit as much right to possess that automobile as your son. He has not cause of action against her to replevin her car!

If he wants to go to the expense he can file an action to partition the car. Meaning since it is jointly owned and cannot be split in half, a court can order it sold and the proceeds distributed as their respective interests appear. In this case 50/50!

 

[HRZ]

Son is looking at big problems if she has an accident**************might be smart to go grab the car and hide it someplace she is unlikely to find it .

 

[Kona_wahine]

I'm afraid if he did try to have it towed she would pull something shady. I messaged her hoping to resolve it but she hasn't responded. She was to make payments and has paid nothing. Can't talk to an attorney until after the holidays. he may just have to pay a lawyer to take care of it.

 

[Zigner]

I'm afraid if he did try to have it towed she would pull something shady. I messaged her hoping to resolve it but she hasn't responded. She was to make payments and has paid nothing. Can't talk to an attorney until after the holidays. he may just have to pay a lawyer to take care of it.

Why should she pay you anything? Your son borrowed the money from you...seek repayment of the money he borrowed from him. Her stating that she would pay you money is not enforceable, as she has no legal duty to do so.

 

[Kona_wahine]

Why should she pay you anything? Your son borrowed the money from you...seek repayment of the money he borrowed from him. Her stating that she would pay you money is not enforceable, as she has no legal duty to do so.

Correct, we don't have an agreement with her but she had an agreement with him to pay him the $6000 for the car. I understand that, but both the cars are in both names and needs to be dealt with.

 

[Zigner]

Correct, we don't have an agreement with her but she had an agreement with him to pay him the $6000 for the car. I understand that, but both the cars are in both names and needs to be dealt with.

The car really has nothing to do with this. You loaned $6,000 to YOUR SON. Talk to YOUR SON about repaying the money that YOUR SON borrowed.

(I hope you can now take the hint about who owes you the money.)

 

[Just Blue]

The car really has nothing to do with this. You loaned $6,000 to YOUR SON. Talk to YOUR SON about repaying the money that YOUR SON borrowed.

(I hope you can now take the hint about who owes you the money.)

Hummmm...Lets see ....Could it be the son?





OP. You need to get the money from your son. He then can go to court and sue for the money from the ex.

 

[quincy]

I personally think your son should go to the Small Claims Court and file the papers. A text can be used as proof. Next time, it's best to put agreements in writing, signed by all parties involved.

Why? What would be the son's cause of action and against whom? The car is jointly owned.

Texts are not always admissible as evidence and, therefore, cannot always be used as "proof."

 

[Zigner]

I personally think your son should go to the Small Claims Court and file the papers. A text can be used as proof. Next time, it's best to put agreements in writing, signed by all parties involved.

What makes you think the ex GF has any duty to pay anything to the son? A mere promise of payment with no duty to pay, and no detrimental reliance by the promisee, means that the ex GF has no duty to pay.

Please stop posting nonsense on threads. Many of your posts have been reported, and I will make a point of reporting your erroneous posts (as others have.) The only reason I didn't report this is that Quincy already provided a nice reply to set you straight.

 

[quincy]

What makes you think the ex GF has any duty to pay anything to the son? A mere promise of payment with no duty to pay, and no detrimental reliance by the promisee, means that the ex GF has no duty to pay.

Please stop posting nonsense on threads. Many of your posts have been reported, and I will make a point of reporting your erroneous posts (as others have.) The only reason I didn't report this is that Quincy already provided a nice reply to set you straight.

Sufou can't read my reply because s/he has me on "ignore."