Verbal Contract for Vehicle in lieu of $4, 600 owed to me

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boze

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Here's my situation and some background information.

I'm living in the state of Indiana and the issue related to this post is in Indiana and no other state. It involves a civil matter under $5000 ($4600 total).

First, I'm 28, I was living at home last year when my mother suddenly died. She had lupus, but we don't know what caused her death or anything for sure. So, I was at home, working part time, taking care of her when I wasn't at work. I had never actually lived on my own (spent a cpl of yrs not working at all, taking care of her). So my parents were still together- they were renting a house I lived in, and my mom borrowed over $5000 from me. My dad knew about the loan and came to me and asked for the money as well. The money was borrowed over a period of 2 years culminating in me loaning them $1500 for the down payment to the house they bought together. I was paying all my own bills at this point (outside of rent and utilities, as I lived with them still, and was planning on trying to move into full-time at my job. They never asked me for rent or anything, because they understood I only worked about 20 hrs a week for a low hourly rate- a little over $7). So, my mom died and I started driving her Camry. My dad said he was going to stick with his truck, and they refinanced the Camry so many times that they owed more than it was worth, so he couldn't sell it. It's now been refinanced so many times that the monthly payment is $350! (It's a 1999 Toyota Camry with around 68, 000 miles on it). So, I took over that car (I have a 1991 Mitsubishi Eclipse with nearly 200, 000 miles on it that I put a bunch of money into to fix, but not much luck- it smokes, it won't run well, it's often breaking down, etc).

I went to my dad after my mom died (I'm still living at the house, soon after I found a full-time job but didn't make immediate plans to move out, and he never asked me to move or anything like that.) I asked my dad- 'since you guys still owed me $4600 (my mom paid me $400 out of the $5000 from my dad's tax check in 2006)- can you pay for the Camry and when it's paid off you can sign it into my name?' He told me- 'that sounds fair, you did help us out a lot.' My brother lived at home at the time and can support his making that statement. I asked him that a few times- just to make sure he was willing to do that and okay with it. He told me that was the deal- he agreed to pay off the Camry in return for the $4600 still owed.

My father gets remarried nearly right away, and the woman is very odd. She started troubled off the bat with my aunt and uncle who live next door, claiming they came in uninivted and took my moms stuff, when in fact my dad's new wife invited them in and offered up my moms belongings to them. My younger brother (27) also lived at home, and she started trouble with him claiming that he threatened her (I was at home at the time, and he did no such thing) and told him to leave. A few months later I asked my dad again- will you continue to pay the car off and pay it in full then sign it over to me in lieu of the $4600? He said yes, no problem. About a week later, his new wife heard of this and said because I was living there without paying rent, it wasn't fair and that they didn't owe me anything and that I needed to pay the car off myself. I was told soon after this to get out on the streets. Luckily, I had a friend who let me stay with her for a few days and an older brother who loaned me $750 to get an apt, pay the deposit, etc. I was told I couldn't come in by mom dad's new wife and that she didn't feel safe around me (the same thing she suddenly claimed with my brother who got tossed out into the streets a month or so before!)

So- I moved out and pay all my own bills, but I don't make anywhere near enough to pay for food and utilities AND a $350 carpayment PLUS nearly $100 a month for the full-coverage insurance. I made that clear to my dad and he said to drive the car, he would continue paying for it as per our agreement.

A few weeks ago the bank calls me on my cell phone when I was at work and says that his new wife has told them I am driving the car and will now be making the payment from here on out. I called him and told him he knew I didn't have ANY extra money and that I couldn't do this. Besides, even if I did have the money, he still owed me $4600 and it wouldn't be right for him to refuse to pay that, especially after telling me to leave (I discovered after this that he has no legal right to kick me out that night, that he has to go to court and get me evicted with a 30 days notice and all) and me not having any place to live, LUCKILY having a brother who loaned me the cash and had a truck and helped me move all my stuff over to my apt.

I told the bank I'd have to call him and talk to him and I'd try to have him get back to them.

He told me he'd deal with it, and I thought that was taken care of. I asked him every so often if the insurance was paid up and the car payment as well, just to be safe, and he told me everytime that he paid it himself, so it was fine. I, again, made sure our agreement was good- he'd pay off the car still and gift it to me. Yes, he told me- that's the deal.

Last week the bank calls me again and says my dad changed his phone number and hasn't paid in 3 months and they really need to talk to him...they simply called me as that's the only number they have on record for the acct. I told the lady I'd call my dad and have him call her. I called my dad and his reaction was to come get my car. He told me he talked to an attorney who he is now planning on filing chapter 13 with and the attorney told him to hide the car somewhere. My dad claims the attorney told him to hide the car and that way the bank has no legal right to force you to divulge the location of the car. I don't believe any attorney in his right mind would advocate breaking the law like this, but whatever- this is what I was told. So, my dad comes over, tells me to remove all my belongings from the car and has it taken the next morning. I should mention that the week before this, my brother was living at home again (for about a month), and my dad's wife suddenly told him to get out. He said no, so she called the police on him. The cops said she can't force him to leave unless she goes to court and has him evicted for cause and then gives him 30 days notice in writing or something. My brother calls my dad on his cell at work to let him know, and my dad tells him to just go and he'll talk to him when he gets home. My brother leaves all day and then I drove him over to our uncle's house next door. I wanted to discuss it with my aunt and uncle and cousin...then I was peeved so I wanted to talk to my dad in person to try to find out what he was doing and why he was allowing her to call the police on my brother, claim she feels unsafe around him, etc. While I was at my uncle's house, my dad's wife calls and says "is your brother with you", I told her yes he was, and she says "well tell him he's not allowed to come here, because I filed a restraining order against him."

I was livid, so I called my dad to tell him- my dad claims he had no idea she did this and sighed. Despite this, he got upset with me. I told him this was finished- he needed to get things straight, because this was insanity.

He came him, and when I tried to talk to him with my brother, he walked into the house and shut and locked the storm door. We talked to my older brother who also called my dad and asked what the heck was going on. My dad wouldn't say much. We tried to go to the door to ask him if he'd talk to us for a few mins, but the cops show up (his wife called them because we were, get this- NEXT DOOR) and they asked me who I was, who my brother was, etc. They asked what was going on, they served my brother with the restraining order, so I let my brother come back to my apt and stay with me.

I mention all of this as background. Apologies of it was too much, just wanted to be sure to accurately describe the turmoil that has lead up to this.

So- he came and got the car and supposedly hid it on the advice of his attorney. This was last Monday (8 days ago). I should also mention that my old Eclipse- it was parked in their driveway as it had been since my mother died. My dad's wife had it towed over to my apt and just left it on the street- no registration (I didn't have any plans to drive it, and it didn't run), and it had an expired tag on the back, broken down, battery won't even start, etc. So, she claimed she got it towed to a place to fix it and they left it on the street outside my apt fixed. I later called my dad and he said they never got it fixed, that his wife took it to her ex-husband's shop and he refused to look at it, not wanting to get into the middle of any trouble. So, they lied to me and told me it was fixed and good to go. My dad admitted this wasn't true, but tried to claim that his wife merely said she WANTED to get it fixed. Anyhow- he calls me and tells me to findthe keys under the mat. They towed a broken down car to the street outside my apt UNLOCKED and they put keys under the mat and didn't tell me about it until a few days later! I told him it wouldn't start, so he came over (this was the week before he took the black car away) and tried to start it but couldn't and said he'd have to have it towed AGAIN to the house the next morning. That car is STILL outside my apartment broken down, despite numerous attemps to ask him to tow it back to the house for now, as I will get in trouble with my landlord for having it out there. He keeps telling me he'll have to figure it out, and it's been sitting out there for a week and a half.


IM CONTINUING THIS INTO A REPLY TO THIS THREAD, AS IT RUNS OVER THE 11, 000 CHARACTERS ALLOWED........
 
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THIS IS THE END OF THE POST FROM ABOVE

So, he told me last Monday that he was going to file chapter 13 and seeing this attorney Monday night (yesterday). He told me to drive his wife's truck last week, which I did. He He told me he'd give me back the camry Monday (yesterday), since he was going to file with that atty Monday night. He took the truck away from me at work yesterday as well. He called my cell and told me that they suddenly wanted to put a new bed on the truck so someone would pick it up and return it before I was off work. I came out after work and there's no vehicle, I had no ride, and I tried to call him and he had his cell phone turned off. I finally got a return call from him a half hour later and he said I'd have to find a ride, they were going to see that attorney to sign the contract and he'd return the truck to me the next day since they never finished putting the bed on (all sounds fishy to me, I have a feeling they're not putting ANYTHING new on it). So, I DID finally get a ride home, and he said he'd call me after the meeting with the atty. He met with the atty then he called me and told me that atty never mentioned the car and he claimed he never said he'd give me the car back Monday night, but rather he was simply meeting with the atty thatnight and had no idea when they could take the car out of hiding from the bank. He told me he wanted to save the car, that he paid much more than it was worth and losing it would put them further into the hole. When I asked him how on earth the atty never mentioned my car, he said he just didn't and that was that. He told me he never even signed a contract with the atty, rather he just went to have the atty agree to represent him. I told him he wasn't making sense, and he hung up on me. He told me he'd drive me to work today and pick me up and bring me home, as I have no other means of transport. I talked to him this morning in the car when he was driving me and he said the atty DID mention the car, and he said that since my dad was paying for a car I was driving, the judge probably wouldn't look too kindly on that and would take it away. He asked me if I could pay $100 a month toward the car, and I told him I honestly don't have any extra money since they suddenly tossed me out (I had to borrow $750 from my brother which I pay him back with any extra money I have!) I told him the other day- when I get the car back, I can't afford $100 amonth for the insurance and could I pay $40 and he could cover the rest, and he told me he'd work something out- it's fine.

He implied they have no intention of giving the truck back to me to drive temporarily and from what he said, he has no intention of just paying me the $4600 still owed. The car is supposedly still in hiding from the bank, and supposedly he doesn't know when the atty will file chapter 13 and has no idea if the judge will let him even keep the car. So- that's where I'm at. I have no car and maybe I will never see my mom's car again.

I told him I'm tired of him lying to me all the time, I'm tired of dealing with him and his wife's craziness, and that I'm at the point where I have little choice but to make sure I have the car or the money and be secure in it. I can't worry that he gives me the car and refuses to sign any contract, then a month later his wife decides for some odd reason she wants me to not have the car and comes and takes it from me again.

I told him, since he continues to be dishonest about it all, changing his story every other day, etc- that I have little choice but to go to small claims court for the $4600.

So, does anyone, after reading this novel have any idea what I shoudl do? What choices do I have? Isn't his agreement to take my loan over the 2 yr period and the agreement to pay it back constitute a verbal legal contract? Doesn't his constant agreement to give me the car in lieu of $4600 (he owes around $4000 on it left) a verbal legal contract?

What do I do if I want to make sure I don't get screwed over? I haven't filed suit yet, because I'm not sure that I can get anything (what my chances are), and I've been hoping he'll just do the right thing and pay for it, agree again to let me keep it in lieu of the cash, etc. I have very few options remaining, especially after he changed his story and now says he has no idea if and when I will get the camry back.

Any advice? Any suggestions?

Thanks so much in advance for any advice.
 
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