Would this be a legitimate reason to sue my dad?

[JWI93]

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

 

[JWI93]

(Sorry. For some reason this didn't post)

So about two years ago I moved with my grandmother on my fathers side and my dad bought me a car so that I could get to and from school. After he bought me the car I would do things for my other grandmother and he didn't like it. He would accuse me of mistreating him and 'taking care of' my moms side of the family. A bunch of unnecessary drama and arguments later he all of a sudden decided to stop paying for the car. This put me in a very bad position because I am in school full time and the only income I am getting is disability because of Sickle Cell Anemia. I've tried to work but that didn't last long because of the scheduling I didn't have much time to dedicate to school plus my body would be in pain every night I came home. Anyway, I don't think it's fair for him to just stick me with a $350 dollar car note knowing I can't pay it and take care of myself. I've tried to work things out with him (take the car back and get a cheaper one, him pay the note until I graduate or at least do half of the note every month) but he isn't trying to cooperate with me. All I get in return is "you don't care about me so why should I help you" or something along those lines. He isn't taking care of me. I'm taking care of myself and trying to get my degree so I feel like that's the least he could do. He is being very petty at the moment and I think he should at least help with the car note.

 

[NellieBly]

You don't have to pay the car payments. If it gets repossessed it will go on his credit record. You didn't sign anything, did you?

You really cannot win a lawsuit, as the car is considered a gift. You cannot sue if someone reneges on a gift.

 

[latigo]

So about two years ago I moved with my grandmother on my fathers side and my dad bought me a car so that I could get to and from school. After he bought me the car I would do things for my other grandmother and he didn't like it. He would accuse me of mistreating him and 'taking care of' my moms side of the family. A bunch of unnecessary drama and arguments later he all of a sudden decided to stop paying for the car. This put me in a very bad position because I am in school full time and the only income I am getting is disability because of Sickle Cell Anemia. I've tried to work but that didn't last long because of the scheduling I didn't have much time to dedicate to school plus my body would be in pain every night I came home. Anyway, I don't think it's fair for him to just stick me with a $350 dollar car note knowing I can't pay it and take care of myself. I've tried to work things out with him (take the car back and get a cheaper one, him pay the note until I graduate or at least do half of the note every month) but he isn't trying to cooperate with me. All I get in return is "you don't care about me so why should I help you" or something along those lines. He isn't taking care of me. I'm taking care of myself and trying to get my degree so I feel like that's the least he could do. He is being very petty at the moment and I think he should at least help with the car note.

Sorry to hear about this unpleasantness. But for several reasons suing pop won't work for you. Even were you to prove that the car was a gift, which it was, still it came to you subject to the indebtedness against it. And you couldn't legally hold him to any promise that he make all the car payments because there is no quid pro quo. Meaning you gave up nothing and he received nothing in exchange for such a promise.

Anyway, I'm confused about the car payments. You say that pop bought you a car; has been making monthly payments on the car until recently and now that he's sour on you he's trying "to stick you with the a $350 car note". It sounds like if the note isn't paid, it will go against at least his credit, if not yours.

Is he so aware? Is he so angry with you that he will let his credit rating crumble just to spite you?

How about the other relatives you have been befriending to his displeasure? Any chance that they might provide some financial help? A student loan?
I would hate to see 350 lousy bucks stand in the way of your education.

Best of luck to you

 

[NellieBly]

Sorry to hear about this unpleasantness. But for several reasons suing pop won't work for you. Even were you to prove that the car was a gift, which it was, still it came to you subject to the indebtedness against it. And you couldn't legally hold him to any promise that he make all the car payments because there is no quid pro quo. Meaning you gave up nothing and he received nothing in exchange for such a promise.

Anyway, I'm confused about the car payments. You say that pop bought you a car; has been making monthly payments on the car until recently and now that he's sour on you he's trying "to stick you with the a $350 car note". It sounds like if the note isn't paid, it will go against at least his credit, if not yours.

Is he so aware? Is he so angry with you that he will let his credit rating crumble just to spite you?

How about the other relatives you have been befriending to his displeasure? Any chance that they might provide some financial help? A student loan?
I would hate to see 350 lousy bucks stand in the way of your education.

Best of luck to you

Do you think $350 is the monthly payment?

 

[justalayman]

I'm not even convinced the car was a gift but merely purchased for the OP to use with the father retaining ownership. If I am correct, OP is SOL if dad wants to take the car back, sell it, let it get repossessed, or anything else.

I've tried to work things out with him (take the car back and get a cheaper one, him pay the note until I graduate or at least do half of the note every month) but he isn't trying to cooperate with me

I see a child believing their father has some obligation to provide his child with a car. There is no such obligation so, if you want a car, buy one. Until then, I suggest you make nice with dad so he will let you continue to use the car you have now.

 

[latigo]

I'm not even convinced the car was a gift but merely purchased for the OP to use with the father retaining ownership. If I am correct, OP is SOL if dad wants to take the car back, sell it, let it get repossessed, or anything else. . . . . . .

That could very well be the case, justy. Yet were left to guess as to the status of the title and the party or parties on the hook for the loan.

Also, if titled only in pop and we are to disregard OP telling us that the car was gifted, why would the OP be asking about suing dear old dad?

Suing for what? To force pop to continue permitting him to drive pop's car? (Even "road kill" would scoff at that legal stratagem and the kid's in college and "rk" has never seen one.)

And if the kid is not on the loan and/or title and has been merely borrowing the car, why would pop be demanding that he pick up the payments?

I think the reason that dad isn't demanding possession of "his" car is because he recognizes that he bought it for his handicapped boy and doesn't need another car.

But who knows - I'll mull this over on the golf course. (The courtesy limo awaits.)

 

[justalayman]

latigo;3257988]That could very well be the case, justy. Yet were left to guess as to the status of the title and the party or parties on the hook for the loan.

so, why would the title be in the son's name (and depending on what state this is and presuming OP is a minor, he may not even be able to own a car) if the loan is in dad's name? Most lenders require the borrower to be a titled owner if the car is the collateral.

Also, if titled only in pop and we are to disregard OP telling us that the car was gifted, why would the OP be asking about suing dear old dad?

because he is a little brat that thinks his dad owes him certain things and doesn't understand the realities of life.

Suing for what? To force pop to continue permitting him to drive pop's car? (Even "road kill" would scoff at that legal stratagem and the kid's in college and "rk" has never seen one.)

not sure what this is referencing. I suspect child has no basis for a suit, regardless, for the reasons you so clearly spelled out in your first post.

And if the kid is not on the loan and/or title and has been merely borrowing the car, why would pop be demanding that he pick up the payments?

as a means to allow the kid to continue to have the car. Otherwise dad may just let it go away. In other words; if you want it, you pay for it. I have seen many situations where the father owned the vehicle and borrowed the money with the intent of if becoming the child's car when it is paid for. Those situations usually are set up with the child making the payments.

I think the reason that dad isn't demanding possession of "his" car is because he recognizes that he bought it for his handicapped boy and doesn't need another car.

or maybe he is trying to make a point to the child and the child has entitlement issues so the threat is a place to start.

 

[Ohiogal]

That could very well be the case, justy. Yet were left to guess as to the status of the title and the party or parties on the hook for the loan.

Also, if titled only in pop and we are to disregard OP telling us that the car was gifted, why would the OP be asking about suing dear old dad?

Suing for what? To force pop to continue permitting him to drive pop's car? (Even "road kill" would scoff at that legal stratagem and the kid's in college and "rk" has never seen one.)

And if the kid is not on the loan and/or title and has been merely borrowing the car, why would pop be demanding that he pick up the payments?

I think the reason that dad isn't demanding possession of "his" car is because he recognizes that he bought it for his handicapped boy and doesn't need another car.

But who knows - I'll mull this over on the golf course. (The courtesy limo awaits.)

In Family law we see such entitlement issues all the time. Look at New Jersey teen Rachel Canning (I think that was her name).