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is this possible

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carpy12michael

Guest
What is the name of your state?florida I bought a turck from an elderly lady in 1999. no papers were signed no contracts made and she gave me title to the truck for $13'500.00. she told me to pay her what I can when I can wrote her a thank you letter for this. Three months later she calls me and says she whants the full amount owed which was now $12'000.00. We argued then she says she will get a lawyer and sue me which never came about. continued to make payments till 3/02 then lost contact with here . Her daughter calls me 6 months later and says that she is taking care of her mother now and wants the full amout which which now is $10'500.00. Never here from her again till 8/04 now she says that if I don't pay her now she is going to file extortion charges with the attorney generals office is this possible. Am still willing to pay for truck on some type of payment plan.
 


JETX

Senior Member
carpy12michael said:
she says that if I don't pay her now she is going to file extortion charges with the attorney generals office is this possible.
Of course not.... at least not as you have described it.
First, nothing in your post even 'smells' like extortion.
extortion
n. obtaining money or property by threat to a victim's property or loved ones, intimidation, or false claim of a right (such as pretending to be an IRS agent). It is a felony in all states, except that a direct threat to harm the victim is usually treated as the crime of robbery. Blackmail is a form of extortion in which the threat is to expose embarrassing, damaging information to family, friends or the public.

Second, the state attorney general has no jurisdiction in a matter like this (or even if the extortion claim was valid).

Third, assuming that the seller is mentally competent, the daughter has NO standing in this issue.

Personally, I would suggest you make arrangements to pay this debt, either in lump sum, or continued agreed payments. If you don't, the seller could certainly get a judgment against you for 'breach of contract'.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Tell the "daughter" to bite rocks. She doesn't know what she's talking about, and is throwing around "legal sounding" words without the slightest understand of what she's saying. This is strictly a "contract" matter - - based upon what you've said here. However, I can understand her "angst" because this truck should have been paid off by now. What are you doing - - paying three or four Quarters per month?

If you haven't been paying regularly, or in reasonable amounts, then you can be sued. The problem is, however, by whom? The daughter has no legal standing.

IAAL
 

CdwJava

Senior Member
You have already taken far longer than any commercial dealer would have allowed you ... and had you been smart about the whole thing, you would have set the funds aside for just this kind of emergency.

However, I don't know where they are getting "extortion" from ... unless there is a LOT more to this tale than you have said. Some form of threat or coersion would have to have been implied or explicitly made to get this kind of charge. Are you sure she did not mean, "embezzlement"?

Anyway, this sounds to me like an ugly verbal contract situation and a matter for acivil court and NOT a criminal court. And if the title is already yours, she will have a hard time retrieving the truck.

To avoid further problems you might consider drawing up a specific contract with details of payments - dates, times and amounts, then seeing if that is acceptable.

Carl
 

rmet4nzkx

Senior Member
Sounds like elder abuse to me because you should have just about had that truck paid off by now if you were making regular payments, losing track of her? Please, you have had plenty of time, get a loan and pay the money with interest, you have had the use of the truck for all this time and she hasn't had her money. You took advantage of her! :mad:
BTW in Florida, financial exploitation is prosecuted by the AG her daughter may not have the right terms but it is a crime.
 
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rmet4nzkx

Senior Member
After the truck is paid for, may someone slip a dead fish or chicken droppings into the cab on a hot summer's day, :D
 
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carpy12michael

Guest
your right and I deserved the things you said.I believe by the opinion you have formed about me that you won't believe that I will pay this debt but I will thanks for your cander.
 

I AM ALWAYS LIABLE

Senior Member
carpy12michael said:
your right and I deserved the things you said.I believe by the opinion you have formed about me that you won't believe that I will pay this debt but I will thanks for your cander.

My response:

That didn't answer anything.

I asked, "What are you doing - - paying three or four Quarters per month?"

IAAL
 
S

sailor

Guest
You are home free

You have the title to the truck signed by the mother. There were no papers involved in the deal. Just word of mouth-her word against yours. Continue paying for the truck as you gave your word, but they have no case without supporting evidence or witnesses. Why worry? You're in the clear.
 

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