Can I keep the money?

[Thejazzynator]

Jurisdiction

Georgia

I was with am abusive ex for almost a year. She used me and got me to get her a car under my name along with insurance. She paid for the insurance and car note. Mostly because after she was violent with me I put a restraining order on her and the judge who issued it stated she would be held in comtempt if she didn't take full responsibility for the car. I have since dismissed the order but it was under a different judge and has nothing to do with her ordering her to take care of the car. Forgive me if I'm not using correct judicial terminology. She has since totaled the car with full coverage insurance and the other driver was at fault. I'm happy to not have a tie with my abuser. However, would I get in trouble for keeping the money since the car and insurance is in my name and the check will be made out to me? If so I'm letting her keep it. If not, I'm keeping it and I'm willing to take her to court over it after what she put me through.

 

[adjusterjack]

would I get in trouble for keeping the money since the car and insurance is in my name and the check will be made out to me?

The judge admonished her to take responsibility for the car or be held in contempt.

She's entitled to the insurance money.

Any judge is likely to enforce that, much to your displeasure because it has nothing to do with your bitterness over the failed relationship.

Give her the money.

 

[mightymoose]

If the order to take responsibility for the car isn't written in the order it probably is not enforceable. How long ago was this?

As for the money, if the check is made out to you it is certainly legal for you to cash it and keep it.
If she feels she is entitled to the money, and she may be, she can take her complaint to court and get a judge to order you to pay her. Until a judge orders you to pay there is no obligation to do so. In the mean time it would be wise to not spend the money.

 

[adjusterjack]

After giving this some reconsideration I believe one could take the position that the ex was just renting the car all this time and has no ownership interest and, thus, no right to the money.

 

[Thejazzynator]

I can't find the other page at the moment where the judge stated she must pay or be held in contempt but this is what i wrote to be fair to her since she was paying for everything.

The judge admonished her to take responsibility for the car or be held in contempt.

She's entitled to the insurance money.

Any judge is likely to enforce that, much to your displeasure because it has nothing to do with your bitterness over the failed relationship.

Give her the money.

 

[Thejazzynator]

After giving this some reconsideration I believe one could take the position that the ex was just renting the car all this time and has no ownership interest and, thus, no right to the money.

 

[Thejazzynator]

If the order to take responsibility for the car isn't written in the order it probably is not enforceable. How long ago was this?

As for the money, if the check is made out to you it is certainly legal for you to cash it and keep it.
If she feels she is entitled to the money, and she may be, she can take her complaint to court and get a judge to order you to pay her. Until a judge orders you to pay there is no obligation to do so. In the mean time it would be wise to not spend the money.

 

[army judge]

The court order as written is ambiguous, vague, and provides no legitimate legal instruction.

The other party wasn't told to get the vehicle finananced in her name.
You were told to ay for the car UNTIL the other party could obtain financing.
The car was totaled, BEFORE the other person obtained financing.
You were at that time, and remain the legal owner of the vehicle.
Your insurer reimbursed you for the other person's collision, the lender was paid off, the remaining funds are YOURS alone.
The original order said nothing, nor could it predict the vehicle's demise.

You owe the other party no explanation, nor do you owe her any of your cash payout.

I suggest you say nothing to anyone about this, as your retention of the money fails to violate any portion of the order, when the order was extinguished by the negligent acts of the other woman.

 

[Thejazzynator]

Understood. Now she was the one making payments on everything but the car still isn't in her name and it was her responsibility. I will tell her if she wants the money she can take me to court and see how it holds up. Thank you!

The court order as written is ambiguous, vague, and provides no legitimate legal instruction.

The other party wasn't told to get the vehicle finananced in her name.
You were told to ay for the car UNTIL the other party could obtain financing.
The car was totaled, BEFORE the other person obtained financing.
You were at that time, and remain the legal owner of the vehicle.
Your insurer reimbursed you for the other person's collision, the lender was paid off, the remaining funds are YOURS alone.
The original order said nothing, nor could it predict the vehicle's demise.

You owe the other party no explanation, nor do you owe her any of your cash payout.

I suggest you say nothing to anyone about this, as your retention of the money fails to violate any portion of the order, when the order was extinguished by the negligent acts of the other woman.

 

[army judge]

Understood. Now she was the one making payments on everything but the car still isn't in her name and it was her responsibility. I will tell her if she wants the money she can take me to court and see how it holds up. Thank you!

NOOOOOOOOOOO, don't tell her ANYTHING.

Don't communicate with her in anyway from this point forward.

Don't kick the sleeping pit bull. It could bite, howl, or bark, any of those results aren't useful.

Just take the money, say nothing, do nothing to disturb the violent, wannabe thug.

Stay at least two miles away from her.

Keep your business PRIVATE.

You don't owe her money, nor do you owe her an explanation.

 

[army judge]

As far as any payments, she was the one USING your car.
She was the one who demolished your car.
Her payments meant nothing legally.
Don't make your adversary's case.

 

[Thejazzynator]

Understood. I'll keep in contact with the insurance company. And you just justified my worries as to why I initially wanted to give it to her. She is violent.

NOOOOOOOOOOO, don't tell her ANYTHING.

Don't communicate with her in anyway from this point forward.

Don't kick the sleeping pit bull. It could bite, howl, or bark, any of those results aren't useful.

Just take the money, say nothing, do nothing to disturb the violent, wannabe thug.

Stay at least two miles away from her.

Keep your business PRIVATE.

You don't owe her money, nor do you owe her an explanation.

 

[army judge]

Understood. I'll keep in contact with the insurance company. And you just justified my worries as to why I initially wanted to give it to her. She is violent.

She failed to do what she was ordered to do, obtain financing in her name to effectuate the title transfer.

You did your part by allowing her to use and control YOUR vehicle.

I have my doubts about the order's legitimacy.

At any rate, there is no car to obtain.
She even failed to supply insurance in her name.
She feasted on your kindness, time and time again.

The car was legally yours when she destroyed it.
You kept it insured, as your name was on the title.

Don't ever let that happen to you again.
She made you her patsy.
If a person can't afford a car, a home, it's best to keep your distance.
To top it off, she was a violent batterer.

Keep your wits about you at all times, and use the NO word.

You appear to have your act together.

Don't let these deadbeats use and destroy you.

 

[Thejazzynator]

I am sending you the biggest internet hug ever! *hugs* I believe she used the girl she was with to make me jealous to help her get a place and now they're broken up and she is back on the prowl for someone else to harm. I've thought about changing my number and I just might. My lease is up I June so I'm definitely moving.

She failed to do what she was ordered to do, obtain financing in her name to effectuate the title transfer.

You did your part by allowing her to use and control YOUR vehicle.

I have my doubts about the order's legitimacy.

At any rate, there is no car to obtain.
She even failed to supply insurance in her name.
She feasted on your kindness, time and time again.

The car was legally yours when she destroyed it.
You kept it insured, as your name was on the title.

Don't ever let that happen to you again.
She made you her patsy.
If a person can't afford a car, a home, it's best to keep your distance.
To top it off, she was a violent batterer.

Keep your wits about you at all times, and use the NO word.

You appear to have your act together.

Don't let these deadbeats use and destroy you.

 

[army judge]

I am sending you the biggest internet hug ever! *hugs* I believe she used the girl she was with to make me jealous to help her get a place and now they're broken up and she is back on the prowl for someone else to harm. I've thought about changing my number and I just might. My lease is up I June so I'm definitely moving.

My solution to unwanted callers, get one of the many mobile phone apps that screen your callers.
All the app stores have them, and for a couple bucks you can eliminate the adds.
I use one called "Should I Answer?"
The only calls I accept are from those on my "approved contact list".
If you're not on that list, your call and text is blocked.
My list is limited to 50 names, about 1/4 of those are relatives. LOL
We also have a similar service on our home landline.

To paraphrase Smokey The Bear, "Only you can prevent unwanted intrusions."