Should I sue them???

[quynhle91]

I am living in California. Three years ago, I helped ex-boyfriend to lease a car under my name. However, I gave a wrong decision to help him because he lied to me that his old car was paid off, and he needed to give his old car to his sister to goes to college. Also, he lied he couldn't buy a car under his name because he had bad credit score. I though under name a car was not a big deal if he made payments $350 regularly and took care the car well. However, he was not a responsible person. He didn't buy insurance immediately, and unfortunately he got hit. Even the the one hit him paid him $1000, he didn't go to fix the car to get insurance. At few first months, he gave me $350 to help him make car payments on time, but later, he kept delay and had to use my money to pay for him. Later, we broke up, and I wanted to transfer the car to him, but he wasn't quality because he still had the old car. Therefore, I continued to help him more than a year. However, he kept the car no insurance, no registration, late payments, so many traffic violations and never went to maintain the car as dealer requests. I couldn't stand it anymore and wanted to return the car to dealer. Because I knew he wouldn't take responsibility for what he did, I asked help from his parents who I believed that they were fair and nice people. I also agreed to help me out of the car, of their son problems since we were strangers now. They asked me go to dealer and see how we could return the car or not. I asked the guy about going to dealer since he believed he was the owner of the car, I had nothing to do with that. He agreed and I appointment with dealer. However, the night before the meeting, he excused he was busy and couldn't go with me. He let me take the car to go to dealer. Dealer gave me 2 options: take a new car with new contract or pay them $5000 for car damages. The car was even driven 1,5 years, but in hands of irresponsible person, it got hit, got scratches, damaged screen made by him, and very dirty inside. I talked to him about the deal, but I wanted to cut him out off my life so I wanted him pay $5000. He refused and threated me if I returned the car, he wouldn't pay anything. I couldn't work out with him, I called his father, and let him know the best solution is paying $5000 and we all done. He agreed and asked I helped him pay first, he would give money for me later. And I paid $5000 and transferred ownership to dealer. It's been 1,5 years since the day I returned the car, his parents kept refuse to give me $5000. They said I was the one who returned the car without their permission and I broke promise to help their son in 3 years of lease contract. However, I never promise him I would help him for 3 years. Now his parents want him to give me only 2500$ BecUse they believed I was wrong in this case. Should I take the offer or should I sue them? It's been too long for me to get any evidences from what we said. I don't have much written papers to proof. What should I do? Please help.

Thank a lots
Quynh

 

[adjusterjack]

Take the $2500 (if you can get it) and get on with your life.

You've made too many foolish mistakes, one on top of the other, and you aren't likely to ever see a nickel from these people.

 

[InsuranceGuy]

Bad Boyfriend's Parents Offer 50%

First, although you said "I helped ex-boyfriend to lease a car under my name" in fact you leased the car, under your name to help someone who now is an ex-boyfriend. Then while you say "He didn't buy insurance immediately" as you now realize that was something you should have known immediately. You know you made a mistake, and while I don't mean to rub anything in, escaping from that mistake -- even for $5,000 -- is likely a lot less than what it could have cost you. You made the original deal with the boyfriend, not his parents, and it's hard to see why the parents would have owed you anything. You could argue that you relied on their promise but I don't think that would get you very far, and if it does go to court they'd likely take their offer off the table and at best it would be "he said, she said we said." If they are offering to pay you half the $5,000 it cost you, I'd jump at that and move on with my life, an expensive lesson learned. If going to court would require a lawyer, I'd forget about that as $5,000 wouldn't even cover the lawyer's fee to take a case to trial.

 

[Zigner]

Take the $2500 (if you can get it) and get on with your life.

You've made too many foolish mistakes, one on top of the other, and you aren't likely to ever see a nickel from these people.

Agreed. The parents are under no obligation to pay ANYTHING. You should be going after your ex boyfriend.

 

[Zigner]

If going to court would require a lawyer, I'd forget about that as $5,000 wouldn't even cover the lawyer's fee to take a case to trial.

I agree with everything you said, except this. You did use the word "if", but there was no reason to even mention it. This is a small claims matter, no attorney is needed.

 

[quynhle91]

I agree with everything you said, except this. You did use the word "if", but there was no reason to even mention it. This is a small claims matter, no attorney is needed.

Yes, i plan to go with a small claim (I researched fee is less than $100) to sue that guy. It's possible I will win?

 

[Zigner]

Yes, i plan to go with a small claim (I researched fee is less than $100) to sue that guy. It's possible I will win?

Which guy?

It's possible that you'll win, but then you're still going to have to collect from him. The court doesn't do that for you.

Edit: Please be aware that if you lose in small claims court, then you're not going to see a dime from anyone. It would be wise to wait until after you've collected the $2,500 before you even mention filing a lawsuit. Just don't sign a release if you still want to pursue a lawsuit.