Car loan gone bad

[dezrielle]

What is the name of your state? Florida

On November 29, 2001 my father sold me a 1987 Oldsmobile Delta 88, he asked for 1200, made in what ever payments I could handle, he wrote out a bill of sale for 300.00, signed with the vin # and everything. For Christmas of 2001 he took 500.00 off of the price of the car. I was in a car accident 2/8/02, and received a check to fix the car, it was only a damaged bumper and I decided not too. My father and I got into a fight and he took the car back and is now taking me to small claims court for 1900.00 (700 + 1200 in damages) Does he have any grounds as I have written proof he sold it to me for 300.00? Help!!! Thank you in advance.

 

[nowpastdue]

I am NOT an attorney.

How old are you and are you still living at home?

#1 The auto title is in your name, correct?
#2 The tag/registration is in your name, correct?
#3 The auto insurance is in your name, correct?
#4 Was the reason for making out the bill of sale for $300 instead of $1200 to save on the sales tax?
#5 Were you and your father fighting over you not using the check to fix the car or something else?
#6 Is the $1200 in the $700 + $1200 "damages" for damages to the car while in your care or is it something else?

IMO- since you stated the payments were to be "made in whatever payments I could handle" were verbal with no specific due dates and amounts your father is relying on your promise when ya'll should have reduced the agreement to writing. Sure you can argue $300 as the cost if you want to perjure yourself or you can admit the reason for not putting down $1200 as the real purchase price.

I am assuming you cashed the repair check and used the money for something else.

What if anything have you paid your father on the car since Nov 29,2001?
15 months + have passed, surely you could have afforded $50 per month?

Since only you have knowledge of some of the amounts below I will just list the various deductions and you can fill in the amounts:

IMO-you owe:

$1200 original purchase price
- 500 Christmas gift
- ??? any payments made
_-_____?? & justify
$ ??? You owe dad

If the answer to any of #1, #2, #3 is no then you also owe your father the amount of the repair check if he keeps the car.

You said the accident was in February 2002. What took so long for the suit to come about?

When you say took "the car back", exactly what do you mean?


That will take care of the money part or the small claims suit will.

IMO, both of you have lost something here that money will not replace.