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Damage to Vehicle

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kwcmlc

Junior Member
What is the name of your state (only U.S. law)? Washington/Oregon

This is a long explaination of what is going on that I need help with, only because it warrants it!

My ex-husband and I purchased a 2004 Dodge Dakota in November of 2003 with only 7 miles on it, because he got military orders in 2005 to move to Guam we made arrangements for my mother to use the vehicle while we were overseas. We gave her the truck in April of 2005, and we continued making the payments of the truck. While in her possession someone ran into the tailgate and caused some serious damage, about $1500 worth. She filed a claim against her insurance for the damage but never had it fixed, it's still there today only with rust on it.

I returned home in June 2006 after seperation from my husband and the truck appeared to be in good working condition while I was with my mother. I then moved to Hawaii after my divorce and continued to make payments on the truck until March 2007 when she said she could start making payments on it, it was becoming difficult for me because I was paying for college. She filed bankruptcy in November 2007, and claimed myself as a "non-exempt creditor" to which she owed the amount of $465.32 a month until the truck was paid off.

She then went and bought another vehicle in February 2008 after her bankruptcy against my advice and lost her job a week later and she could no longer make the payments. In turn without my permission or any type of contract she let my older brother "make payments" on the truck and use it. He made one payment of $300 for two months, the rest of the time I had to pay the remaining amount. I also had to put full coverage insurace on it, which lasted from February 2008 to October 2008.

She let her car get repossessed and continued to make payments on the truck, missing one in July 2008 and then again in November and December 2008, an extension was filed that allowed for the Jan. 09 payment to be skipped. The Feb. 09 payment was skipped and the remaining payments up until June 09 were paid almost a month late at times, which made the bank charge me late fees of $13.96 each time. The bank called and told me that the loan was 73 days past due, which included the month of June 09. She paid a total of $620.00 towards the balance and I paid $390 which made the account current again.

At this time she started saying that I was stealing money and I have all of my bank statements that would prove otherwise. I repossessed the truck on 7/18/09, it has about $4000 worth of damage to it, the truck was absolutely trashed.

How would I go about suing her for the damages to the truck and the remaining amount on the loan because according to her bankruptcy paperwork I am a creditor she agreed to pay. She has only made a total about 20 months worth of payments on this vehicle.
 


Zigner

Senior Member, Non-Attorney
Incredible...

You committed fraud against your lender and the court (Federal court to boot!)

Is your mother in Washington or Oregon?



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

This is a long explaination of what is going on that I need help with, only because it warrants it!

My ex-husband and I purchased a 2004 Dodge Dakota in November of 2003 with only 7 miles on it, because he got military orders in 2005 to move to Guam we made arrangements for my mother to use the vehicle while we were overseas. We gave her the truck in April of 2005, and we continued making the payments of the truck. While in her possession someone ran into the tailgate and caused some serious damage, about $1500 worth. She filed a claim against her insurance for the damage but never had it fixed, it's still there today only with rust on it.

I returned home in June 2006 after seperation from my husband and the truck appeared to be in good working condition while I was with my mother. I then moved to Hawaii after my divorce and continued to make payments on the truck until March 2007 when she said she could start making payments on it, it was becoming difficult for me because I was paying for college. She filed bankruptcy in November 2007, and claimed myself as a "non-exempt creditor" to which she owed the amount of $465.32 a month until the truck was paid off.

She then went and bought another vehicle in February 2008 after her bankruptcy against my advice and lost her job a week later and she could no longer make the payments. In turn without my permission or any type of contract she let my older brother "make payments" on the truck and use it. He made one payment of $300 for two months, the rest of the time I had to pay the remaining amount. I also had to put full coverage insurace on it, which lasted from February 2008 to October 2008.

She let her car get repossessed and continued to make payments on the truck, missing one in July 2008 and then again in November and December 2008, an extension was filed that allowed for the Jan. 09 payment to be skipped. The Feb. 09 payment was skipped and the remaining payments up until June 09 were paid almost a month late at times, which made the bank charge me late fees of $13.96 each time. The bank called and told me that the loan was 73 days past due, which included the month of June 09. She paid a total of $620.00 towards the balance and I paid $390 which made the account current again.

At this time she started saying that I was stealing money and I have all of my bank statements that would prove otherwise. I repossessed the truck on 7/18/09, it has about $4000 worth of damage to it, the truck was absolutely trashed.

How would I go about suing her for the damages to the truck and the remaining amount on the loan because according to her bankruptcy paperwork I am a creditor she agreed to pay. She has only made a total about 20 months worth of payments on this vehicle.
 

latigo

Senior Member
First you need to understand that mommy didn’t list you as a creditor in her bankruptcy schedules because she intended to pay you!

She included you as creditor because she did not intend to pay you.

Plus, you were included because the federal Bankruptcy Code required that she lists all of her debts.

And unless she somehow reaffirmed the obligation owed you and the court approved it – no chance – then your claim would have gone down the tubes with the rest of her hapless unsecured creditors when the court ordered the discharge.

If she was discharged of this obligation and you were to attempt to bring suit on her agreement to make the payments on the truck, you would be in contempt of the federal bankruptcy court that ordered the discharge. See: 11 U.S.C. sec. 105.

Incidentally, a debtor can own assets in that are “exempt” or “non-exempt” from creditors, but there is no such term as “non-exempt creditors”. Not in bankruptcy parlance or elsewhere.

I think what you meant to say is that mother listed you as an “unsecured creditor”.
___________________

Note that the above is offered in specific reference to your question as to whether you can sue mom on her agreement to assume the bank payments. If she was discharged in bankruptcy, that you cannot do.

Also, you have asked whether or not you can sue her for the physical damage to the truck, some of which your post suggests may have occurred post bankruptcy. I’m not going there!
 

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