Money More Than Past Due

[JMA22]

What is the name of your state? tx

about a year ago, approx 05/02, i began making car payments for a girlfriend with only a verbal agreement. after making about 3 1/2 payments the total about $1200 and the fallout of our relationship, i stopped making payments. i would ask about the money twice a month or so from then until now. my repeated attempts to get her to sign a written contract for her to acknowledge her debt to me were turned down. my final call to her ended with her telling me she would probably never pay me back. the only proof i have is in the checks i wrote to the car loaner. do i have a case?

 

[I AM ALWAYS LIABLE]

What is the name of your state? tx

about a year ago, approx 05/02, i began making car payments for a girlfriend with only a verbal agreement. after making about 3 1/2 payments the total about $1200 and the fallout of our relationship, i stopped making payments. i would ask about the money twice a month or so from then until now. my repeated attempts to get her to sign a written contract for her to acknowledge her debt to me were turned down. my final call to her ended with her telling me she would probably never pay me back. the only proof i have is in the checks i wrote to the car loaner. do i have a case?

My response:

You're out of luck. The payments you made were "gifts" for her benefit, and you gave them to the company, for her, based upon your relationship.

At least, without any notes to the contrary, that's her "defense" and what she'll claim if you take this to court.

IAAL

 

[JMA22]

what if i was making payments after our relationship had ended?

 

[I AM ALWAYS LIABLE]

what if i was making payments after our relationship had ended?

My response:

I think you're grasping at straws.

1. Prove to me that your relationship had ended prior to the date of your last payment.

2. Prove to me that you didn't make your last payment in the hopes of getting back into her "good graces".

Also, there's one other problem - - and that is, you weren't giving her the money directly. You were paying the loan company directly. How was she supposed to control how you spent your money and to whom you sent it to? She has no control over that, and you didn't give HER the money, and she never asked you to send the money!

For example, if my neighbor wanted to pay my property taxes, the Tax Assessor couldn't care less where the money comes from, or why. All it cares about is that the property taxes are being paid. Could I stop my neighbor? No. Would I be responsible to repay my neighbor? No. If I didn't request my neighbor to pay my property taxes, then I have no contractual duty to repay him. In effect, my neighbor has "gifted" his money for my benefit, without any strings attached.

Hey, go into Small Claims court anyway. You may as well give it a shot. Who knows? You might get the ear of a sympathetic judge. Stranger things have happened.

IAAL

 

[JMA22]

1. Prove to me that your relationship had ended prior to the date of your last payment:
I have friends that can verify the date that we ended our relationship

2. Prove to me that you didn't make your last payment in the hopes of getting back into her "good graces".
for christmas that year i had bought her a cell phone and told her i would pay the bill until the next year. i continued to honor what i had said.
also i plan on sending her a letter stating that if she does not
make arrangements for payments that i will start court precedings.
Do you think any of that is worth mentioning?

 

[I AM ALWAYS LIABLE]

MY RESPONSE: 1. Prove to me that your relationship had ended prior to the date of your last payment:

YOUR RESPONSE: I have friends that can verify the date that we ended our relationship

MY REPLY: Unless your friends were there when each of you said, "It's over", then your friends' testimony would be based upon what you told them about your relationship ending, and that's impermissible hearsay.




MY RESPONSE: 2. Prove to me that you didn't make your last payment in the hopes of getting back into her "good graces".

YOUR RESPONSE: for christmas that year i had bought her a cell phone and told her i would pay the bill until the next year. i continued to honor what i had said.

MY REPLY: Okay. So what?



YOUR RESPONSE: also i plan on sending her a letter stating that if she does not make arrangements for payments that i will start court precedings.

MY RESPONSE: Sounds like a plan. Not a good plan, but a plan nonetheless.

I don't see how you're going to prove your allegations that the payments you made, directly to the loan company, were anything other than a "gift". Did you understand what I said to you when I said - -

"Also, there's one other problem - - and that is, you weren't giving her the money directly. You were paying the loan company directly. How was she supposed to control how you spent your money and to whom you sent it to? She has no control over that, and you didn't give HER the money, and she never asked you to send the money!

For example, if my neighbor wanted to pay my property taxes, the Tax Assessor couldn't care less where the money comes from, or why. All it cares about is that the property taxes are being paid. Could I stop my neighbor? No. Would I be responsible to repay my neighbor? No. If I didn't request my neighbor to pay my property taxes, then I have no contractual duty to repay him. In effect, my neighbor has "gifted" his money for my benefit, without any strings attached."



YOU ASKED: Do you think any of that is worth mentioning?

MY RESPONSE: Look, if you're going into Small Claims court, you may as well try, and do, anything that you believe will help you win your case. You have an uphill battle, but like I said, you may as well give it a shot. What more do you have to lose by trying?

Good luck to you, and let me know how it turns out.

IAAL