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stupid shit.


AORAone

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okay, this girl i know was in a wreck awhile back, she had her roomates car because her roomate had left it with her at there apt. so she could pick her up from her boyfriends the next morning. anyway, she got in this wreck and it was the ladys fault, there was a cop in the turning lane across the way that saw everything. her roomates car was totaled. which she was happy about because she owed so much on it, and she was behind in payments. so when her roomate asked her to help pay what she was behind payments on it was about 600. they went half, my friend, feeling guilty for destroying her roomates car, agreed to help pay what she had said she would. now, her roomate is a moron, she thought that since the car was totaled, she didnt have to pay it off or anything, and managed to get behind again. she now owes about 12,000 because she's braindead. and she expects my friend to pay off half of that, even know they agreed on spliting the 600, and she had already payed her the 300. so she told her that shes not going to help pay off that much, and now she thinks she can sue because my friend said she would split it with her. make sense? i know its kind of fucked up but thats the quickest way to sum it all up. anywho, i told her that since there wasnt a written agreement or anything, and plus she had already payed off what she said she would, that theres no way a court can make her pay for her car. just wondering if im right. anyone been in a simalar situation? if so, howd it turn out? thanks in advance. :burn:

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if she never signed papers agreeing to pay anything then she dont have to pay. the oral agreement was for 600 then she may have to pay that, likely.

however, about that car wreck, the girl was driving her friends car and i am sure she is not listed on teh insurance so her insurance does not have to pay a dime to fix the car. the other persons insurance should be kicking in money to fix teh car or total it out in monetary value and the friend should receive money bc her car was wrecked, that is if it was legitimately the other womans fault according to the tickets issued (if there were any) and more importantly, the police report.

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if she was behind on the payments...then it sounds like it was on its way to being repossed...in which case she wouldn't have any money or a car. is $12k the difference after the insurance money?

 

anyway...I agree with gamblers regarding the oral agreement. probably be worth her time to talk to a lawyer just in case.

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i think actually you can be held to a verbal agreement in court.

 

depending.

 

i was in business law and i remember you can on certain terms and conditions, but it all depends.

 

if your friend said she would pay "half" but didnt say a limit, like... didnt say half of $600... she might be fucked.

 

but if she agreed only to pay half of the $600... and did, she should be good to go and will win if she gets sued.

 

/tease at law.holla.

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actually im a paralegal? is that good enough.

 

the oral agreement may stand up in court depending on the judge, but if it was not written, it never happened. simple.

 

she made the agreement to pay the 300 but the fact that the other girl didnt make payments on her car because she didnt read the documents that the dealership gave her, that is her own fault and cannot place the blame on your friend.

 

tell her to get a lawyer and put as a stipulation that if they go to trial and she wins (because she most obviously would) to have her lawyer charges paid by the plaintiff. but then again there's a chance that a lawyer will not take a case like that where they would be paid afterwards because it's a dispute where the other person may not have the dough up front, and another thing is she cant take it to small claims court because it's over 500.00 (depending on state) so yea.

 

she shouldnt worry much, it takes more then a couple grand to sue somebody, so if the stupid girl cant make a car payment then how is she going to sue someone?

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