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M

MTNPS

Guest
We lent our daughter's then, fiance money to buy a car, we set up payment arrangements with him for repayment, etc. a computerized schedule of weekly payments. We also took him with us on an expensive vacation with the promise from him to pay us for it. He is 27 weeks behind in his car payments, and by the way they are scattered payments, by this I mean he has not paid them consistantly. He has not paid us for the vacation. We sent him a letter requesting him to sign over title to the car to us, and give us the travel voucher he received after our vacation (we were each given a voucher for a bumped flight, we also paid for the flight.)We told him if he did that we would consider his debt to us paid in full, mind you this settlement would be less than he actualy owes us, but we wanted to be fair since he has no money, and we really did not want to take the matter to court. This has become a very sticky situation since he and my daughter are no longer together. We feel he has no intention of repaying us. He was supposed to sign the payment schedule as sort of a contract but he never did, a mistake on our part I'm sure. Do we have any legal rights in this matter. We reside in PA.
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by MTNPS:
We lent our daughter's then, fiance money to buy a car, we set up payment arrangements with him for repayment, etc. a computerized schedule of weekly payments. We also took him with us on an expensive vacation with the promise from him to pay us for it. He is 27 weeks behind in his car payments, and by the way they are scattered payments, by this I mean he has not paid them consistantly. He has not paid us for the vacation. We sent him a letter requesting him to sign over title to the car to us, and give us the travel voucher he received after our vacation (we were each given a voucher for a bumped flight, we also paid for the flight.)We told him if he did that we would consider his debt to us paid in full, mind you this settlement would be less than he actualy owes us, but we wanted to be fair since he has no money, and we really did not want to take the matter to court. This has become a very sticky situation since he and my daughter are no longer together. We feel he has no intention of repaying us. He was supposed to sign the payment schedule as sort of a contract but he never did, a mistake on our part I'm sure. Do we have any legal rights in this matter. We reside in PA. <HR></BLOCKQUOTE>

My response:

You can try suing him; however, he'll just claim that it was either an unconditional gift, or an unconditional gift to him in anticipation of a marriage between him and daughter. It's the typical he said, she said, routine. The "contract" is of no value since it was never signed or acknowledged. However, THERE IS ONE saving grace for you . . . IF he made any of those payments by check, then you can get copies of those from his bank, or your bank if they made microfiche copies, and present those as your evidence that he knew the car price was a loan, and not a gift. If he made the payments by cash, you're SOL.

Good luck to you.

IAAL


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