breach of verbal contract

[AMMHM]

I transacted with my stepdaughter to purchase a used car for her, using my credit, because her credit is bad.

She agreed to the purchase price, $3500, and agreed to pay me monthly until paid in full. I turned the title over to her because she had to get auto insurance in order to get a tag for the car, and she was ineligible to be included on my auto insurance policy.

I did'nt hound her for payments because she was getting back on her feet financially after the accident that totaled her car, the basis for our transaction.

However, after only receiving $310 over the course of nearly a year, in an email, I told her she would need to pay me or return the vehicle so I could sell it to repay the loan. In a return email, she agreed to clean the vehicle and return it to me.

In the interim, her grandmother "suddenly" decided to buy her a brand new car.

I went twice to pick up the car, the second time taking local police officers to avoid a confrontation. She refused to retun the vehicle to me.


1. Do I have legal remedy ?

2. Can she be prosecuted for Theft by Deception, since she agreed to the terms of the sale verablly ?

 

[Jbong]

First- "Neither borrower nor lender be" comes to mind esp withouth a written contract. You might take her to small claims which is a lay court seeking justice rather than fllowing the EXACT letterof contractual law. Under oath, she will be asked if she agreed to the deal and if you have any supporting documents that she indeed paid something, that acknowledges and validates the s\deal. Check your local state limits for Small Claims and have ALL documents and support with you. Do not overstep your legal bounds by repossession or attempt to prosecute,it will be her word against yours and in a civil or criminal court, details are much more critical. In Small Claims, the judge seeks justice.