I need some help. Is what my ex claiming legit? ?

Question

Ok... I will give you some some insite into the situation. After my fiance left me we I got the car (its in my name). Well, I was no longer even driving it though it was in great condition. Well, after we broke up I had to stay with my mom for awhile. I was trying to sell it and I moved out of my moms but left the car there to sell. Well after awhile my mom got the idea to call my ex and ask him if he wanted to buy it back (its a muscle car and he never really wanted to give it to me in the split) so she thought he would want to buy it and i told her that i would give her some of the money for it if she found someone to buy it. Well he agreed and came and got it. She told him to give the payment to me. Well, its a year and a half later and he is still making excuses. Recently I gave him heads up that I was going to file a small claims suit for the car. This is the exact email that I sent...

I just wanted to let you know that next week I am going to file at small claims for the money for the car. I've given you plenty of time. You said you would pay me out of your tax refund and I'm sure that it is long gone.

This is the entire email that he sent in return...

just to let you know i will file a counter suit for lots more so dont play this game im trying to sell it the thing isnt worth that much and you werent waiting for me to get a return i told you i had a buyer and he fell through so i started looking for another and now i found one so you can lose money or wait and get it when this guy shows up with it.. i took the car as a favor to your mom so go ahead ill get you for oh say 25 a day that its sat here for a year plus the repairs that came out of my pocket.. i have a kid in despret need of a cheep car so just hold on and shortly you will have your money.. dont try to bully me were to old for that ****.. trust me im tired of seeing the thing..

Is there any truth to his email? how can he get 25 a day for a car that he is purchasing from me??? I just never understood why he couldn't make monthly payments and here it is 18 mo. later and i have still no money and by the way he has my car! Oh and i have no idea what other money he could get from me.. I could actually pull up credit card records and show how he wiped out my $3000 credit card to fix up a house that HE just purchased. right before we moved in he broke up with me and moved another woman in. he never paid me back for all the repairs that i paid for.

I have not responded to his email because i didn't want this to a battle of words... I just wanted him to clear this up. At court this should be a pretty cut and dry case right? He has my car said he would pay. I've waited and have been asking for my money for 18 mo. His threats really scare me. What should I do? I feel like he is bullying me.

Answer 1

Don't let him intimidate you, sue him if that's what you need to do to get your money, and don't interchange words because anything you say can be used AGAINST you. A judge will make the right decision and most probably get him to give you your money.

Answer 2

so you put yourself in a bluffing game and now you don't want to see if the other side is bluffing?

if you want to sue him, sue him.

the judge will straighten it out - let him make his counter claim, who cares? you already said you want a judge to decide.

btw, whose bright idea was it to give him the keys without getting the money, or at least a solid written agreement to pay?

in whose name is the title at this point?

go invest in an hour or two of an attorney's time and learn what is happening and what will happen as you move forward.

Answer 3

Is the car now registered to him? If so, you should have never agreed to hand the car over to him until you got payment. If not and the car is still in your name, you should demand it back and if he puts up a fight, report it as stolen.  

Answer 4

Put all the emotion out of it and think of the contract.  He got the car and agreed to pay.  He didn't pay.  End of story.  It didn't matter whether the car runs, or he is trying to sell it or any of that other stuff.  You don't pay storage fees because it is not your car.   On the other hand, you didn't mention if you agreed to the sale.  Your mother had no authority to sell it for you.  Still, it sounds like there ultimately was a contract between you and him.  Try to figure out what were the terms of that contract and have they been performed.  

Answer 5

Gather as much evidence of the agreement with him as you can (I HOPE you have it in writing but if not, gather anything documenting your conversations with him concerning the vehicle) and file a small claims case against him. Sounds like he's just stalling and trying to frighten you into not filing the claim. You would not be required to pay a storage fee for something he agreed to purchase and took possession of. If he has given you ANYTHING toward the vehicle (I don't care if he's bought you a happy meal) and said it's something for the car, bring it up in court. Remember though, it's EVIDENCE that talks. gather anything you can. Don't leave it just your word against his. Brace yourself for the counter suit though. If you sue he probably will follow through with a counter suit just out of spite. Be prepared to show evidence to smack down anything he can throw at you.

I'd suggest going for the case as soon as possible, not waiting for him to sell it. technically, he has no right to sell a vehicle he has not paid for so technically does not own. Win the case, get granted possession and then repossess the vehicle from him. If he's this shady about paying a little bit for a car, do you think he'll be falling all over himself to hand the money right over to you that he will receive for the sale? What happens if he sells it and keeps the money? You'll have no money, no car, and then you'll have to go an even longer route going after him for fraud charges. Why wait until things get ugly?