Ex wrecked my car - what do I do ?

Question

My ex and I split up last year and I am overseas. I don't need a car while I am here so we agreed that he would buy my car from me for $1,200. He agreed to pay each month $200 from his GI Bill. He has not kept up with any payments, and now 7 months later he has only paid $800 towards the car.

He agreed to have insurance on the car, and I cancelled mine since I was not driving. He was supposed to get his own full coverage insurance and told me he did.

2 weeks ago I emailed him because he had not made a payment and was more than a month past the date he had promised to make a $300 payment on the car. At that time he let me know he wrecked the car by crashing into a tree.

He has no insurance, the registration in my name has expired, and he now refuses to make any more payments on the car unless I sign the title over to him.

What can I do? Can I file a stolen vehicle report since he was not paying in agreement? Or negligence or what?

Answer 1

if it was a written contract, you can take it to court as a small claims case. not much else you can do, you could try to take it to court if it was not in writing but you have a much better chance of getting your money if it was all stated out in written form with maybe a witness or 2.

Answer 2

You mentioned a GI Bill. Assuming your Ex is in the military, the most effective thing you can do is to contact his commanding officer. The miltary doesnt put up with such conduct, and will force him to make right on his debt. The most important thing is that you have something in writing to validate his debt.
Do you have any proof that he indeed, wrecked the car? Have you requested pictures of it? You could act as if you are entertaining the idea of signing the title over, as long as you have proof that the car is wrecked. If the car is in such bad shape, why would he want the title to it? Chances are, if he drove it into a tree (which I doubt), then he was drunk when it happened, and he probably has alot of legal bills on top his debt to you. Trees dont move, ...they are kind of.....stationary. In order to hit one, you have to either lose control of your car, or lose control over yourself.
If he can prove he drove it into a tree, then he is wanting the title so he can sell it. You can give him the title but put a lien on it in your name. That lien would only be taken off when he pays off his debt to you. He cannot sell that car with a lien on the title.
You have the option of filing a stolen car report but you have to make arrangements for someone to house your car while you are away. If the cops find your car and have no place to take it, they will impound it and you will end up owing more than the car is worth on impound costs alone.
Good luck.
D@N

Answer 3

If you have written proof with signatures of the agreement between you and what he paid..you got it made. He'd be liable for damages and the rest of the money he owed you. Since you let him have the car and had knowledge of him driving the car that means he had your permission and therefore didn't steal it. If you go to court without any proof of agreement it's he said/she said case and the judge will tell you.always get it in writing! That's the problem when you break up is that most people don't get things in writing w/their ex's because of the history. And because of a good heart your out alot of money. If you give him the title to get the rest of what he owes you get it in writing and get his signature.

Answer 4

Small claims court is probably your only bet. Whatever you do, don't sign the title over to him until the car is fully paid off - it's your only proof that you currently own the car, and not him. Giving him the title implies that the debt is paid off - this is why finance companies keep the title until you pay off the loan.

Good luck!

Answer 5

SUE HIM