Do I have a case?

What is the name of your state? MI.
Heres my story. My wife and I went on vacation and entrusted her nephew to watch the house. while gone he threw a bash and stole my new 2002 maxima and wrecked it. Bieng family I did not want to charge the kid (I really did). So he agreed to pay for the damage to the house, deductable for the car and the car payment. The car was in the shop for 26 days. During that time I had to drive my collector car to work (no rental coverage), which is 90 miles a day. Now the kid refuses to pay my car payment as verablly agreed. Can I sue for the payment (loss of use) as well as wear and tear and my collector car that I did not want to drive?

[JETX]

"Can I sue for the payment (loss of use) as well as wear and tear and my collector car that I did not want to drive?"
No. You could only sue for the specific repayments that he agreed to. From your post, that would ONLY be "to pay for the damage to the house, deductable for the car and the car payment". Since there was no prior agreement for him to pay for the use of your 'collectible' car, you cannot recover those costs.... even if you were able to prove them.

And, as you already know, the verbal agreement will be very hard, if even possible, to prove to a court.

I do have the payment shcedule in which shows the outstanding balance. He signed the schedule each week when he made a payment of 50 bucks. Would that be good eveidence to support my case (at least for the car payment)?

[JETX]

Without having access to all the applicable documents, I would say that the 'payment schedule' with his signature on it is pretty compelling support for SOME claim of his obligation to make payments.

Thanks for the reply. What about costs we had to pay for cleaning of the house (ie. cleaning supplies, time spent, etc). It took use about 2 days to clean the mess and about 100 bucks in supplies.

Jay

[HomeGuru]

Is this kid really a kid and not a legal adult per state statutes?

[JETX]

HG has a good point. What is the age of the nephew??

As to your other questions:
"What about costs we had to pay for cleaning of the house (ie. cleaning supplies, time spent, etc). It took use about 2 days to clean the mess and about 100 bucks in supplies."
As noted in my post, you can ONLY recover those costs (damages) that he agreed to accept. Any other claims that you might have would be separate from his 'promise'.

Oh, and you wouldn't be able to recover the cost of your time spent cleaning anyway.

The "Kid" an irresposible 20 yr old loser. Who will probably live at home until he is 30-40.

[stephenk]

Sue him for all the damages you think he should pay for. Let the judge decide what is or is not recoverable. Maybe your nephew wont show up and you can win by default.

I will take all advice carefully. The worse thing about this is the loser lives a block away and his mother doesn't think he should be responsible either. Makes you wonder where he gets it from. And where were the parents during this blowout party (they where probably there). By the way these are not blood relatives simply by marriage.