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  #1  
Old 01-15-2006, 11:42 AM
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Join Date: Mar 2005
Posts: 19

Getting sued by father


What is the name of your state? Wisconsin

Hi, anout 4 years ago my girlfriend crashed a car that my father bought for me. After she crashed it my father told me that I would have to make the rest of the payments on it. We got into an argument over it and stopped talking to each other. Now 4 years later he says that he is going to take me to court and sue me for the remainding balance of the car. CAN HE ACTUALLY SUE ME EVENTHOUGH HE HASN'T PAYED THE CAR OFF? AND CAN HE SUE ME EVENTHOUGH IT WAS MY GIRL FRIEND THAT CRASHED THE CAR?
  #2  
Old 01-15-2006, 11:49 AM
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Posts: 3
Quote:
Originally Posted by Nonya
What is the name of your state? Wisconsin

Hi, anout 4 years ago my girlfriend crashed a car that my father bought for me. After she crashed it my father told me that I would have to make the rest of the payments on it. We got into an argument over it and stopped talking to each other. Now 4 years later he says that he is going to take me to court and sue me for the remainding balance of the car. CAN HE ACTUALLY SUE ME EVENTHOUGH HE HASN'T PAYED THE CAR OFF? AND CAN HE SUE ME EVENTHOUGH IT WAS MY GIRL FRIEND THAT CRASHED THE CAR?

My response:

If his name is on the title, and you have an agreement with Dad to make the payments, and failed to do so, then yes he can sue you successfully. Full payment of the vehicle is not necessary. You would then have a cross-complaint against your girlfriend, provided that you didn't allow the Statute of Limitations to expire.

You don't have the right to Breach your agreement with Dad, and let his credit suffer. Dad undoubtedly made, or is making, the payments so that he can mitigate his damages. But, you don't get to take advantage of Dad's ability to make the payments when it was your responsibility.

Where was the insurance on this vehicle?

IAAL
  #3  
Old 01-15-2006, 11:51 AM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by Nonya
What is the name of your state? Wisconsin

Hi, anout 4 years ago my girlfriend crashed a car that my father bought for me. After she crashed it my father told me that I would have to make the rest of the payments on it. We got into an argument over it and stopped talking to each other. Now 4 years later he says that he is going to take me to court and sue me for the remainding balance of the car. CAN HE ACTUALLY SUE ME EVENTHOUGH HE HASN'T PAYED THE CAR OFF? AND CAN HE SUE ME EVENTHOUGH IT WAS MY GIRL FRIEND THAT CRASHED THE CAR?

**A: yes and yes. You have a lot of growing up to do. And a lot to learn.
  #4  
Old 01-15-2006, 07:46 PM
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Join Date: Mar 2005
Posts: 19
Thank you but all i wanted to know is if he could sue me. Your insight into myself was not needed thank you. By the way he was a dead beat father and he deserves to pay for it. It would be the only thing he has done for me. So once again thank you for the info but for you to try and read into my personality is not appropriate.
  #5  
Old 01-15-2006, 10:40 PM
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Join Date: Sep 2004
Posts: 1,923
Anybody can sue anybody for anything they want. Whether they'll win is an entirely different matter, and in this case it largely depends on what agreements you and your father had in place for the car and the payments. You can sue the girlfriend for the damages too.

Where is your insurance in all of this?
  #6  
Old 01-16-2006, 10:10 PM
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Join Date: Nov 2004
Location: Alabama
Posts: 192
Yes he can sue you. The posters were trying to give you good sound advice. Your father bought YOU a car that YOU allowed YOUR girlfriend to drive and she crashed it. Just because YOU say he is a deadbeat doesn't mean that you should follow along the same path.
  #7  
Old 01-16-2006, 10:23 PM
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Join Date: Jan 2006
Posts: 2
Quote:
Originally Posted by teflon_jones
Anybody can sue anybody for anything they want. Whether they'll win is an entirely different matter, and in this case it largely depends on what agreements you and your father had in place for the car and the payments. You can sue the girlfriend for the damages too.

Where is your insurance in all of this?

My response:

This sounds oddly familiar . . .

IAAL
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