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  1. #1
    mommytoro is offline Junior Member
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    my son wrecked a car

    What is the name of your state? TN
    My son was visiting a friend and while there the person gave my son the keys and told him to check out the sound system in the car. My son returned inside the house and asked "can I take the car for a spin"? The person said sure, as long as you have a license, not knowing my son did not, but the person failed to check.
    My son wrecked the front and rear of the car by running into a sign. The person has got estimates saying the car is totaled but is still driving the car. The person paid 800.00 for the car at a auction and submitted estimates of 4500.00 to the court, I spoke up telling the judge that they were showing off the car that evening bragging on how they got the 2001 kia for 800.00. The judge put restitution on hold until they could prove the price and include pics. of the damage.
    I have the vin. # of the car, how can I obtain a bill of sale or can I? They did not have insurance on this vehicle as well, what do you think will happen from here? Do they enforce restitution on a minor if he does not have a job?
    Help please
  2. #2
    racer72 is offline Senior Member
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    I have the vin. # of the car, how can I obtain a bill of sale or can I?
    That point is irrelevent. What matters is the fair market value of the vehicle. Google NADA and determine the value, the FMV is about 75% of that.

    They did not have insurance on this vehicle as well, what do you think will happen from here?
    Another irrelevent point. The vehicle not being insured does not relieve you or your son from liability

    Do they enforce restitution on a minor if he does not have a job?
    Irrelevent point #3 & 4. You and your spouse are liable for your son's actions till he turns 18. Whether someone is working or not is also irrelevent for determining liability.
    If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

    No private messages, I do not reply to them.
  3. #3
    jpritchett81 is offline Member
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    Quote Originally Posted by racer72
    That point is irrelevent. What matters is the fair market value of the vehicle. Google NADA and determine the value, the FMV is about 75% of that.



    Another irrelevent point. The vehicle not being insured does not relieve you or your son from liability



    Irrelevent point #3 & 4. You and your spouse are liable for your son's actions till he turns 18. Whether someone is working or not is also irrelevent for determining liability.
    Now you know those were not the answers the OP was looking for!!!!
  4. #4
    ecmst12 is online now Senior Member
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    Just to clarify - you are liable EITHER for the cost to repair OR the fair market value, whichever is less.
  5. #5
    mommytoro is offline Junior Member
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    Oh well

    Guess they will be waiting a while for restitution then. I am a single mom and very very low income. As a attorney told me, it will be like squeezing blood out of a beet.
  6. #6
    laundryboy is offline Junior Member
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    A dead beet?
  7. #7
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by mommytoro
    Guess they will be waiting a while for restitution then. I am a single mom and very very low income. As a attorney told me, it will be like squeezing blood out of a beet.
    well they can and will wait. for 10 years. A judgement is good for 10 years from the date of the order. So, if and when you ever HAVE anything, it's theirs.

    Oh, and just so you don't get too ****y, that debt will be accuring interest at 10% per annum......

    Now how do you feel?
  8. #8
    mommytoro is offline Junior Member
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    wonderful

    I feel wonderful, I am feeling just great, you on the other hand take this crap too seriously.
    My goodness, all these people do is ask if anyone out there knows anything about what we are asking here. I could care less about something gaining interest and a judgement for 10 years, hell, I had my van stolen and trashed 4 years ago and the juvenile was ordered restitution in the amount of 25.00 a month, he is now 19 and I have not seen one penny.
    I am a single mother of 3 whom also unfortunately receives foodstamps, but I work my ass off. I am in the category of paycheck to paycheck. I will go into court and tell the judge that my son made the choice to drive a vehicle without a license and he decided to show off and now he must pay the consequence. He will have to get a job and pay.
    Please man, read the Bible or do something exciting, dont let these Q & A forums take over your life, you must sit there day and night glued to them. Remember, if you dont have something good to say, dont say anything at all. People here ask for advice, something to help them, they dont need sarcasm, its like the one who says the sleezy's thing wins. Have a good day now.
  9. #9
    rmet4nzkx is offline Senior Member
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    Quote Originally Posted by mommytoro
    I feel wonderful, I am feeling just great, you on the other hand take this crap too seriously.
    My goodness, all these people do is ask if anyone out there knows anything about what we are asking here. I could care less about something gaining interest and a judgement for 10 years, hell, I had my van stolen and trashed 4 years ago and the juvenile was ordered restitution in the amount of 25.00 a month, he is now 19 and I have not seen one penny.
    I am a single mother of 3 whom also unfortunately receives foodstamps, but I work my ass off. I am in the category of paycheck to paycheck. I will go into court and tell the judge that my son made the choice to drive a vehicle without a license and he decided to show off and now he must pay the consequence. He will have to get a job and pay.
    Please man, read the Bible or do something exciting, dont let these Q & A forums take over your life, you must sit there day and night glued to them. Remember, if you dont have something good to say, dont say anything at all. People here ask for advice, something to help them, they dont need sarcasm, its like the one who says the sleezy's thing wins. Have a good day now.
    You came here in the middle of the night on a weekend asking legal questions because you have not taught your son to tell the truth and compound that that telling off the people who gave you the correct answers? There is a reason you are a single mom on food stamps. Please wipe than smile off your face. Hopefully you son will not get a license for a long time.
  10. #10
    mommytoro is offline Junior Member
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    Yes, there is a reason

    When you have three children and you only make $8.00 an hour, the DCS requires you get assistance. Besides, it does help. What do you mean my son is not telling the truth, He has told the truth since the police arrived, my son has been very honest. Point is, I was merely trying to find out about the other guy who has lied about what he paid for the vehicle, if you read the full post, I wrote, he told the judge he paid 4500.00 for the vehicle and I have finally located the bill of sale for 800.00. Read full posts please before judging people. As I said, my son made the stupid mistake and now he must pay, I will not be responsible and have my wages garnished. Honesty is the best policy.
  11. #11
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by monitory
    When you have three children and you only make $8.00 an hour, the DCS requires you get assistance. Besides, it does help. What do you mean my son is not telling the truth, He has told the truth since the police arrived, my son has been very honest. Point is, I was merely trying to find out about the other guy who has lied about what he paid for the vehicle, if you read the full post, I wrote, he told the judge he paid 4500.00 for the vehicle and I have finally located the bill of sale for 800.00. Read full posts please before judging people. As I said, my son made the stupid mistake and now he must pay, I will not be responsible and have my wages garnished. Honesty is the best policy.
    Your son lied to the owner of the car...your son told the other driver he had a license...your son is a
    lier...

    Oh, GOOD NEWS! Mommytoro...If I am understanding the laws in TN properly...You will be held accountable for the monetary damages of your minor sons actions..So plan on having your 320.00 weekly check garnished.

    [url]http://www.tncourts.gov/OPINIONS/TSC/PDF/002/Lavin%20v.%20Jordon.opn.pdf[/url]
    Last edited by Blue Meanie; 05-13-2006 at 10:12 AM.
  12. #12
    mommytoro is offline Junior Member
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    I feel great

    Quote Originally Posted by BelizeBreeze
    well they can and will wait. for 10 years. A judgement is good for 10 years from the date of the order. So, if and when you ever HAVE anything, it's theirs.

    Oh, and just so you don't get too ****y, that debt will be accuring interest at 10% per annum......

    Now how do you feel?
    by the way, what is****y?
  13. #13
    ecmst12 is online now Senior Member
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    That's the forum censoring a word it thought was inappropriate...you'll have to fill in the blanks.

    Anyway, what the owner paid for the car is completely irrelevant. You are responsible for either the cost to repair, or the fair market value of the car right now. As was stated.

    However, they may not be able to garnish your paycheck if you make that little, you'd have to check your state laws. Making your son get a job and pay off the debt would go a long way about teaching him the consequences of being criminally stupid.
  14. #14
    Shay-Pari'e is offline Senior Member
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    [QUOTE=mommytoro]When you have three children and you only make $8.00 an hour, the DCS requires you get assistance. Who's fault is that? Why so many kids if you can't support them? Get a better paying job!

    Besides, it does help. I'm sure me feeding your kids does help.


    What do you mean my son is not telling the truth, He has told the truth since the police arrived, my son has been very honest. No, he lied about having a license.

    Point is, I was merely trying to find out about the other guy who has lied about what he paid for the vehicle, if you read the full post, I wrote, he told the judge he paid 4500.00 for the vehicle and I have finally located the bill of sale for 800.00. How did you get his bill of sale?

    Read full posts please before judging people. As I said, my son made the stupid mistake and now he must pay, I will not be responsible and have my wages garnished. Honesty is the best policy. Don't you feel special?
  15. #15
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by ecmst12
    That's the forum censoring a word it thought was inappropriate...you'll have to fill in the blanks.
    .
    Actually, It was ME censoring myself. M has enough work with the plethera of pissants we've had here lately.

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