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Auto body

Discussion in 'Automobile & Car Insurance' started by Purple, Jul 7, 2017.

  1. Purple

    Purple Law Topic Starter New Member

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    Jurisdiction:
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    I recently was in an accident that caused damage to my car. The insurance company made a check out to me and the body shop. The body shop they made the check out to along with myself was someone that I personally knew. He signed the check over to me so that I could use some of the money for an emergency that had came up. He told me to just make payments to him on what is owed, which I've been doing. He already gave me my car back and I still owe him money which I'm paying on. He never gave me any kind of paperwork that I signed or anything. Everything has been a verbal agreement. Well now he is threatening me to get all his money asap because his business and personal life are suffering. He is threatening to put a lien on my car and repossess it. Can he legally do that seeing that there was no written or signed agreement between the two of us? I have kept all receipts on what has been paid up until now. Thank you for your help.
     
  2. mightymoose

    mightymoose Moderator

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    He won't be able to do anything (legally) before he goes to court.
    Keep making your payments as agreed and don't worry about his problems.
     
    Purple likes this.
  3. Purple

    Purple Law Topic Starter New Member

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  4. adjusterjack

    adjusterjack Super Moderator

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    Agree. Your performance and his acceptance of your payments is evidence of an enforceable contract.
     
  5. Purple

    Purple Law Topic Starter New Member

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    So are you saying that he can reposses my car and take legal action without a written contract?
     
  6. mightymoose

    mightymoose Moderator

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    He can not legally take the car without first going through court.
    Keep paying your agreed monthly payment and ignore his threats.
     
  7. army judge

    army judge Super Moderator

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    He could place a mechanics lien on your car.

    That might sting, but the lien alone won't result in the shop being legally allowed to repo your car.

    However, by taking the insurance proceeds and using them for other purchases you and he could be accused of a crime.
     

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