Small claims based on verbal agreement broken

[kengaroo1959]

What is the name of your state (only U.S. law)?
Washington State
I bought my 19 year old daughter an inexpensive vehicle after she managed to total 2 vehicles in less than 2 months.
I paid $900 cash for it. She was to provide insurance coverage for it and pay me back $200 a month. It was a verbal agreement, and I trusted her as I had loaned her money before and she always paid me back in full on time.
That was 3 months ago, and she has never paid me a cent and is driving I just found out without insurance. Yes, I have notified every law enforcement agency in the area of this fact.
The receipt for sale, is in my name. The title and registration is in her name, as I didn't want my name on the vehicle anywhere. She has all 3 of these items in her possesion.
I want to take her to small claims, but wonder if I have any chance of recovery if she has all the documents in her possesion, and both the title and registration in her name.
Is there anything I can do at this point to get my money back?

 

[Antigone*]

What is the name of your state (only U.S. law)?
Washington State
I bought my 19 year old daughter an inexpensive vehicle after she managed to total 2 vehicles in less than 2 months.
I paid $900 cash for it. She was to provide insurance coverage for it and pay me back $200 a month. It was a verbal agreement, and I trusted her as I had loaned her money before and she always paid me back in full on time.
That was 3 months ago, and she has never paid me a cent and is driving I just found out without insurance. Yes, I have notified every law enforcement agency in the area of this fact.
The receipt for sale, is in my name. The title and registration is in her name, as I didn't want my name on the vehicle anywhere. She has all 3 of these items in her possesion.
I want to take her to small claims, but wonder if I have any chance of recovery if she has all the documents in her possesion, and both the title and registration in her name.
Is there anything I can do at this point to get my money back?

Your first mistake was buying her the car. I guess your second mistake is going to be having to sue her over it.

 

[kengaroo1959]

That's it?

This is the kind of response...people can expect on this forum?
What's the point of even posting a question...if this is all you get for an answer.
Pathetic.

 

[justalayman]

Is there anything I can do at this point to get my money back?

ask, beg, plead, and cajole. If those don't work, you can sue her. Then, if you get a judgment, all you have to do is worrying about collecting on the judgment. Not sure what your state allows. Some allow garnishment of wages or seizure of bank accounts.

Non-legal advice; let it go. Chalk it up to learning how dependable she is when it comes to her keeping her word.

 

[kengaroo1959]

Have already pleaded!

I was just wondering how it would be looked upon if I could not produce the original proof of purchse for car which my name and proof of payment is on. It is in her possesion...not sure how to force her to bring it with her...or what I could do to prove I actually paid for vehicle if she refuses to show receipt.
She has all the paperwork...so what options might I have to try and prove I paid for the car and she didn't?

 

[justalayman]

let me guess; you paid cash and there is no coinciding withdrawal from your bank account.

 

[Dave1952]

If you sue her then you must prove your case. Is there a witness to this verbal agreement? Were the first 2 cars handled as loans which were payed back? Why didn't you title the car in your name, and pay the insurance until the loan was paid off?

Good luck

 

[kengaroo1959]

Hmmmmmmmmmm

No witness to the verbal agreement...it was between my daughter and myself...I have always trusted her that much.
I did withdraw the money from the bank account the day I purchased the car...that can be shown on a bank statement.
Just wasn't sure how convincing that might be.
As for the other 2 cars...she totaled them...which is why I bought her an old cheap car.
Pay for her insurance? lol
At $360 a month...I don't think so!
That was her issue....a problem she created and assured me she would and could handle.

I appreciate the responses...please help me!

 

[justalayman]

I did withdraw the money from the bank account the day I purchased the car...that can be shown on a bank statement.
Just wasn't sure how convincing that might be.

well, that's better than nothing.

 

[Dave1952]

I asked if the first two cars were "loans" for a reason. What's the answer?
If you have a "track record" of giving away cars then proving that you bought the third will neither help nor hurt your case. The case will not be about who bought the car, it will be about whether the car was a gift.

Good luck

 

[Zigner]

Sue the bad girl...or don't.
I'm really not sure what else you expect to hear.

 

[Mass_Shyster]

Essentially, you gave her a $900 car in exchange for a promise that she insure the vehicle.

The consideration on your part is the value of the car.
The consideration on her part is the value of the insurance payments.
You gave her the car, and she is driving the car, so it can be presumed that there was an offer and acceptance.

The good news is that you have a valid contract: Offer, acceptance, and consideration.

The bad news is that the courts will not enforce the contract.

The statute of frauds requires a writing for all contracts for goods valued over $500.

 

[Dave1952]

He's not arguing that they contracted for goods. He's arguing that the contract was for a loan to be paid back at $200/mo.
The problem I see is that if the first two cars were gifts that the judge will not believe that the third car was not when the daughter has all of the paperwork. And if all three cars were "loans" then the judge will not believe that the father could expect a teenager to be able to pay off three car loans at once. A 19 yr old with $600/mo in car debt? No telling what a judge would make of that.

Good luck

 

[Mass_Shyster]

He's not arguing that they contracted for goods. He's arguing that the contract was for a loan to be paid back at $200/mo.
The problem I see is that if the first two cars were gifts that the judge will not believe that the third car was not when the daughter has all of the paperwork. And if all three cars were "loans" then the judge will not believe that the father could expect a teenager to be able to pay off three car loans at once. A 19 yr old with $600/mo in car debt? No telling what a judge would make of that.

Good luck

I guess I didn't read close enough about paying the money back. It still doesn't change my answer. The Statute of Frauds will prevent enforcement of a verbal contract for an item over $500.

 

[Dave1952]

Ok, sounds good to me. I feel sorry for this guy but don't think that he'll get help from a court for this.

Good luck