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NeedClarity

Guest
What is the name of your state? TX

My husband leased a truck, later gave the truck to a family member on the verbal agreement that the family member would take over payments and if they didn't choose to keep the truck they would turn it in and pay any balance left for damages or whatever. We were unable to switch the title into their name but we said ok anyway since they were family. Dumb I know. We told them that we'd let the insurance run out for that month and that they needed to get insurance. The truck got caught in a flood and totalled with no insurance. They agreed to keep paying on it and they decided to try to fix it instead of returning it. Well we were moving so we gave them a power of attorney to turn the truck in when the leased ran out. They didn't. We found out a yr later that they were late on a lot of payments and the truck was repossessed. Now of course all of this is on my husband's credit report and we're paying off the balance. Is there anything we can do to make them pay the balance and compensate up for the credit blemish now? The only proof we have that they were using the truck is their payment record and witnesses, do we have a good case?
 


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Pfaffing85690

Guest
Verbal agreements and the agreement between your husband and this family member does not relieve your husband of the responsibility for the truck.

Sorry, but he's on the hook.
 
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NeedClarity

Guest
I understand that we are going to have to pay for it. But is there any way to get them to pay us back for it?
 
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Pfaffing85690

Guest
LegallY? no.

Morally? Did you ever see a willow tree? Know why it's called a "Weeping Willow"?

Or there's the old standby: "Louisville Slugger" solution.

Your husband had legal possession and control of the vehicle. He allowed another party to use that vehicle while he was legally liable for it. Without an express contract between him and the family member accepting responsibility for the vehicle, the only option to Hubby is to beat the crap out of the 'family member'.
 
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NeedClarity

Guest
I like that option a whole lot better actually. BUT thanks for you help.
 

JETX

Senior Member
"Is there anything we can do to make them pay the balance and compensate up for the credit blemish now?"
*** The only chance you have of trying to force them to pay for the damages is to take them to court.
And you cannot get compensation for the 'credit blemish'.

"The only proof we have that they were using the truck is their payment record and witnesses, do we have a good case?"
*** You have a case..... how good it may be depends on the FULL facts you have and whether they are sufficient to convince a court that there was an agreement with the other party that they breached.
 

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