Consumer Law, Warranties Been Ripped Off

Status
Not open for further replies.

annmarie0001

New Member
Hello Forum - I am hoping someone can assist me and let me know if we (my mom & my son) have any legal rights or basis of a civil suit.

In June 2008 my mom purchased a lexus for my son. She kept it in her name (truthfully because the insurance was too expensive for him - single male 23 years old). In July my son had an accident with the car and my mother then told him that she could no longer keep the car under her insurance and he had until September to figure somethng out. My son who was living with his girlfriend were both shopping for insurance rates and trying to figure out the best way for them to afford the car in their name. After comparing many companies, they figured out that the insurance was lower under her name (becasue she had never had an accident) so they had asked my mother to sign the car over to her (with her aknowledging (many times verbally in front of many different people) the car was his but she was just putting it in her name for insurance purposes only and she did live with him and they were both driving the car because she did not have one) when my mother asked her "what if they break up" her answer was "i will give the car back to Will since it's his car"- Needless to say come October 2008 they broke up and she refuses to give him the car.

We know legally she owns the car since it's in her name and have bought my son a new car to get around. We know we will never get the car back BUT we would like to file a civil suit against her KNOWING we probably will never recover anything. She knows the car is not hers... SHE HAS ABSOLULTELY NOTHING (FROM THE OTHER SIDE OF THE TRACKS) but now she has a lexus.

We figure that perhaps we can file a civil suit (she probably will not answer it and just ignore it because that's the type of person she is) she cannot afford to fight it - and my goal would be to atleast try to obtain a judgment against her (she is 22 years old) - I figure she's 22; she ripped off my 82 year old mother. I would like to at least obtain some sort of judgment and then (she is just starting out in life) as she gets older, wants to get married, buy a house - she will not be able to because of our judgment - down the road she will have some consequences to her actions today.

IS THIS A POSSIBILITY? OR ARE WE BARKING UP A DEAD TREE. We know we will not recover anything BUT i would like for her to feel this down the road when she does try to move on with her life - this will pop up and she will have to realize what she did. Right now she is "gloating" that she took the car....
 
We know legally she owns the car since it's in her name and have bought my son a new car to get around. We know we will never get the car back BUT we would like to file a civil suit against her KNOWING we probably will never recover anything.
...
We figure that perhaps we can file a civil suit (she probably will not answer it and just ignore it because that's the type of person she is) she cannot afford to fight it - and my goal would be to atleast try to obtain a judgment against her

Actually, if you sue for the car and she doesn't defend, you stand a good chance of getting it back.

If she DOES defend, you could still argue that your son is the beneficial owner of the car and she holds the title in trust for him. (Of course, the court might want to know the reason for that arrangement, at which point you have to admit you were perpetrating a fraud on your insurance company, and you become much less sympathetic.)

She knows the car is not hers... SHE HAS ABSOLULTELY NOTHING (FROM THE OTHER SIDE OF THE TRACKS) but now she has a lexus.

Pointing out her impecuniousity and the circumstances of her upbringing also make you appear less sympathetic.

(she is 22 years old) - I figure she's 22; she ripped off my 82 year old mother. I would like to at least obtain some sort of judgment and then (she is just starting out in life) as she gets older, wants to get married, buy a house - she will not be able to because of our judgment - down the road she will have some consequences to her actions today.

Losing a civil case will not affect her ability to get married or buy a house. If she loses, she will just have to return the car to you (and possibly your costs).
 
Thank you very much for your response - my apologies if I am sounding a bit unsympathetic to a person who my son had cared about, given a home to, took care of her and paid for her medical expenses when she was sick (she was very sick in the hospital for over a month - my son and his grandmother (my mother) took care of everything for her even the medical expenses). I really did care about this young lady and our entire family had reached out to her... so the situation is still stinging a bit. I personally did not want to put the car in her name because I personally did not trust her. But they were going to get married so ... the story goes. He was put on the insurance as a "driver" but the policy was not in his name because of "cost"; it was less expensive for him to just be a "driver" and her own the policy - does this still perpetrate "fraud". We really do not care about the car ... I'm (no body else) bothered by the "sting" to my son (if you have children I hope you can understand). Neither he or my mom want to pursue anything - I DO out of principle. The car was a $40K car and she's probably sold it by now (since there were no lien's on the car); we do not want the car back - we had purchased a new car for my son last Monday (not a Lexus mind you but a new car)

You're a judge - if you were in my position; or this position - how would you handle it. Would you walk away?
 
"Judge" is an honorific the website bestows automatically on anyone who posts a certain number of posts. So take whatever I or anyone else here says with a grain of salt. I do have children, but fortunately not of driving or dating age. :)

It's fine to be unsympathetic. She doesn't sound deserving of sympathy. But try not to be embittered. Revenge tends to cloud your better judgment.

Legally, since it wasn't your car, you have no legal standing. It's not your fight. You can't sue her because she didn't do anything to you.

Personally, if nobody else who HAS standing has an interest in the car, I would just forget about it.
 
Status
Not open for further replies.

Ask a Question

Back
Top