I have an ex-boyfried who I let get a car in my name and he got over $4000 in parking tickets which I was paying on them. Well last week I went to court for the fines because I had not paid any since January this year and I was sentenced to 24 days in jail. I did not do any time because I paid off my fines at the jail but I was processed, I had to wait in a holding cell for 7 hours before the money was brought to me. My question is should I sue my ex? He has paid almost $8000 in payments for the car but I feel he should have paid his fines. I have 2 kids, one his, and I don't really have the extra money for this. Do you think I have a chance to win or should I forget about it because I do have the car and title?
2007-04-09 15:30:11 · 11 answers · asked by nicolelove 3 in Politics & Government ➔ Law & Ethics
I sympathize with you and ethically, if he was the one who was in possession of the car when the fine were incurred, but legally, as the car was in your name you are responsible. It is a risk you take when you let someone use your car.
Laws vary from state to state and their interpretations from Judge to Judge, so you could try filing a suit in Small Claims Court (you would not need a lawyer, can file the claim yourself with the Court Clerk) but it will likely be difficult to prove he was in possession of the vehicle when the parking tickets were incurred (unless you can prove you were out of town or the country when they were incurred).
As you indicate he paid almost $8,000 in payments on the car and you now have possession and if he can prove he made the payments and tries to say that the payments were a loan to you (as the car is in your name), he could file a countersuit against you and you could end up owing him thousands of dollars.
Instead of letting it go, you may want to plead your case to him and ask him to set a good example for your mutual child to be responsible, do the right thing and offer to pay all or part of the tickets he incurred.
2007-04-09 17:48:11 · answer #1 · answered by bottleblondemama 7 · 1⤊ 0⤋
Hi. I really hate to sound so harsh, so forgive me if I come off that way. But, I myself went through a similar situation as you have. I say it dont matter that your ex paid 8 grand in payments on the car itself, the fines were his and he knew that. What kind of man would leave a woman to take care of his dirty work? I simply mean that he should have had a lot more compassion for you considering you've got 2 children and cannot afford to pay off his debts. I would take him to court no doubt about it. You and him I take it never went to court or had a bill of sale issuing you the car as repayment for the fines he had built up correct? All you would have to do is contact the police department that issued your ex the tickets and bring them to court, it should be an open and shut case and most definitely would work out in your favor. Good luck.
2007-04-09 15:42:23 · answer #2 · answered by patriciapellew 3 · 1⤊ 0⤋
These are his parking tickets and theoretically he should pay! However the fines would be posted to the person who owns the car (which would be you as it is registered in your name) as you obviously know.
As such the onus is on you to prove that you were not driving the car at the time the fines were incurred - perhaps you had a meeting, appointment or other engagement which can be verified at the times which the parking tickets were incurred. If you could prove you were not driving the car you may be able to escape liability.
However, you would need to prove someone other than you was in control of the car at the same time. Can you prove your ex was driving? If you were suing him, the onus of proof would be on you to prove on the balance of probabilities he was in control of the car each time a fine was incurred.
Obviously this would be quite difficult to prove. My advice is to seek legal advice from a legal practitioner in your area who will be able to advise you based on the exact facts of the case. Keep in mind, that if you do choose to sue and you lose, not only will you have to pay the parking fines but you will also have to pay legal fees.
Another option is to perhaps send a letter, or find a lawyer to do this, to your ex requesting he pay the fines and if he doesn't you may take legal action.
2007-04-09 17:15:21 · answer #3 · answered by xxalmostfamous1987xx 5 · 2⤊ 0⤋
I would think that since the car is in your name, it is your responsibility. I think you should forget about it, because the judge would most likely say something along the lines of "Your car, your responsibility. Is it in your name? Yes? ok then, whether he was driving or not should not have mattered." Basically, you should contact a professional lawyer, or even DA, and ask what the odds are. Personally, although I understand the moral problems, within the law, everything is yours, only the person driving it. The same thing happened with my friend, who had insurance under her father's name. Her brother also did. They both got into accidents, and just because the insurance was in his name, their father paid for it. So I'd say your odds of winning are slim, but if you still want to press on, go to a professional attorney.
2007-04-09 15:58:25 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Regardless in the payments he made towards the car, those are his parking tickets and he shouldn't have let them get out of control and then let you take the heat for them.. it wasn't right. Yes I would sue him, even if you have to take him on one of those tv court shows (since you say you cannot afford to take him to court, that would be the best way, then you wouldn't have to have any money b/c it's all expenses paid and you would get your judgement).
I'd say there's no real way to tell whether or not you'll win, but most likely you will and you'll just have to decide whether or not it's worth fighting for.
Good Luck to you :-)
2007-04-09 15:36:22 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Slander is very difficult to prove. 1. Because the truth is the "absolute" defense against the charge. 2. Because you have to be able to prove that the slander has resulted in actual damage. At this point it is your word against theirs that you didn't steal the bottle. If they later found it or if you had video tape showing that you didn't steal it, that would be one thing. But at this point it is he said she said which will not stand up in court. Have you ever been in trouble before? If they could establish that you have taken things in the past of broken the law, you will be unlikely to win. You have to be able to show that this slander caused you some actual loss. Did you lose a job because of it? Did you suffer mental anguish to the extent that you needed hospitalized, etc etc. The law doesn't give justice for hurt feelings. If they caused you embarrassment and hurt your feelings, there is nothing that the law will do.
2016-05-21 03:22:47 · answer #6 · answered by ? 3 · 0⤊ 0⤋
As the case is. The car is your responsibility. It was your fault that you let him use it. I am not trying to be cold or crude. And if you don't have any money, why risk. Dont worry. What comes around goes around. We all shall recieve our just reward.
2007-04-09 15:36:34 · answer #7 · answered by dlwise92 2 · 1⤊ 1⤋
Well the best option would be to talk to a lawyer. and see if you have a winning chance if they think you do then yeah sue his pants off
2007-04-09 15:34:01 · answer #8 · answered by babyboo 2 · 1⤊ 1⤋
Move. Mistake to Have sex with that loser. Unprotected at that......Twice....Yikes.......You may want to get spayed. Or maybe find rich guys.
2007-04-09 15:39:39 · answer #9 · answered by Detroit T 2 · 0⤊ 1⤋
You should make him pay it back.
2007-04-09 20:00:01 · answer #10 · answered by Equinox 2 · 1⤊ 0⤋