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Uncomfortable Situation!

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mshaf_10

Guest
I'm located in WV. My former friend (who also happens to be my current supervisor) and I had exchanged vehicles for her to take me to the airport in August. While my locked car was parked at her house, her 16 year old son took my keys out of her purse and stole my car. He wrecked and totaled it.
My former friend told me that she would pay the difference of what insurance didn't cover. I received my insurance check and purchased the same model and year as the car he had destroyed. When it was all said and done, I was over $2000 more in debt than I had been. She has still not paid one penny after she told me several times that she would. Since its been 7 months, I don't think she's going to pay up. Can I sue her? Will I be able to recover any damages beyond the $2000? And, can they make her pay if she's filed for bankruptcy?
 


racer72

Senior Member
What proof do you have about any reimbursement? If everything was verbal and she changed her mind, the onus is on you to prove her wrong, which can be very difficult. If you have something in writing, you have a typical case made for small claims court.

Your last sentence is incorrect. It should read "How can I make her pay if she's filed for bankruptcy." There is no "they" to make anyone pay. It is up to you, if you obtain a judgement, to collect. The court only give you the authority to collect, they do not collect for you. If she included the debt as an unsecured debt in a bankruptcy (you would have been notified by the BK court if you are a creditor), you are probably SOL.
 
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mshaf_10

Guest
I have the check that she wrote me to cover the difference for the rental car and I also have an email stating that she wants her son to get a job to pay for it. Is this enough proof?
 

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