Question of legal nature

[MarineUS]

Alright here is the situation:

When my friend was in Iraq he sent me a loan of $6500 to help me buy my car with the knowledge that when he got back home, he would get to use my truck to move and that I would pay him back. This is fine and dandy UNTIL the day he is bringing the truck home.

I'm at work and I suddenly get four calls in a row....I've already guessed what happened. Anyway, he says the he wrecked the truck and it is now considered "totaled" - though it wasn't.....

So now (a year later) I'm still stuck with a wrecked truck in my yard that I can't afford to fix, he won't give me the tool box or the stereo back that was in it (he took it out after the wreck so it wouldn't get stolen.), and now he is demanding I repay the loan.

I told him I would have offered to pay it if he hadn't or wrecked it and that I would have paid him $3000 if he offered to help put in the time to fix the truck (which he didn't do).

Fun stuff. Not only do I have to fix it on my own (insurance was only liability at the time), I have to pay to have it inspected as well.


Break it down outline style:

Friend loans money in exchange for use of truck and to be paid back.
Friend wrecks truck, doesn't pay to have it fixed.
Friend won't give back items that were in/on vehicle.
Friend demanding payment of loan after he totaled my vehicle.


So I guess the question is: Chances of which side winning in court are?

[Shuffler]

You missed something..... this is no real friend.

Is anything in writing? If not, then screw him and find a real friend.

As for the truck, I think your S.O.L.

You could tell this so called friend..... come get the truck. Get it out of your name if he does.

[MarineUS]

It's his woman making him do it.....the succubus.....

The only thing in writing is the history of the wire transfer that said "Trck pymnt" or something along those lines.

[Jayhawk]

Where does insurance come into play in this?

If there is no written agreement to you paying him back, there really isn't much legal recourse he can take to my knowledge.

[Shuffler]

Ahh so the wire transfer shows he made a truck payment. Then he needs to come pick up... his pickup.

I disagree about his wife "making" him do anything. The end decision is his to make.

We can all post our opinions on this till we are blue in the face. What you really need to do is visit a lawyer. Most will look over your issue for a little of nothing. Issues such as this are handled very differently in each state.

Or you can wait and see if "his wife" thinks it is worth the effort to pursue the issue.

[MarineUS]

The truck is my baby lol

Granted if he wants to drive from NC to GA to pick it up then by all means he can. I'll probably cry like a little girl after she (the truck) is gone but it's all good.

Just wanted to make sure I was good to go. As for his wife forcing him....you don't know his wife... >.>;

He's whipped. Bad. 

[RTHolmes]

you borrowed $6500 from him. you owe him $6500.

you didnt make any arrangements about damage/insurance for when he borrowed it to move. you still owe him $6500

if he wants to make a contribution towards the repairs, that up to him. considering you dont seem to want to pay him back the loan, I'd say thats unlikely. you might be able to sue for some/all of the repairs, but you'd have to prove that he caused the damage maliciously, or recklessly.



edit: btw whats the cost of the repairs?

[AAJagerX]

If he wrecked it, he's liable for the damages to the vehicle.  Get that sorted out in court first.  As far as the loan goes, you may want to look up the law on verbal contracts in your state.

[dedalos]

Alright here is the situation:

When my friend was in Iraq he sent me a loan of $6500 to help me buy my car with the knowledge that when he got back home, he would get to use my truck to move and that I would pay him back. This is fine and dandy UNTIL the day he is bringing the truck home.

I'm at work and I suddenly get four calls in a row....I've already guessed what happened. Anyway, he says the he wrecked the truck and it is now considered "totaled" - though it wasn't.....

So now (a year later) I'm still stuck with a wrecked truck in my yard that I can't afford to fix, he won't give me the tool box or the stereo back that was in it (he took it out after the wreck so it wouldn't get stolen.), and now he is demanding I repay the loan.

I told him I would have offered to pay it if he hadn't or wrecked it and that I would have paid him $3000 if he offered to help put in the time to fix the truck (which he didn't do).

Fun stuff. Not only do I have to fix it on my own (insurance was only liability at the time), I have to pay to have it inspected as well.


Break it down outline style:

Friend loans money in exchange for use of truck and to be paid back.
Friend wrecks truck, doesn't pay to have it fixed.
Friend won't give back items that were in/on vehicle.
Friend demanding payment of loan after he totaled my vehicle.


So I guess the question is: Chances of which side winning in court are?

The side that has something on paper.  If there is no paper work you can only lose if you want to.  Basically, unless it is written down that he gave you the money and the terms of repayment, he can forget about it, unless you admit to it in court.  Then, you are liable to repay the loan and you will have to go after him separately to get him to pay you for the truck he broke.

[Shuffler]

you borrowed $6500 from him. you owe him $6500.

you didnt make any arrangements about damage/insurance for when he borrowed it to move. you still owe him $6500

if he wants to make a contribution towards the repairs, that up to him. considering you dont seem to want to pay him back the loan, I'd say thats unlikely. you might be able to sue for some/all of the repairs, but you'd have to prove that he caused the damage maliciously, or recklessly.



edit: btw whats the cost of the repairs?

The agreement was that he could borrow the truck. It was not written that he was responsible for the vehicle while he had it. It was also not written that he was going to be paid back. The whole thing is full of holes and gray areas.

[dedalos]

.....the succubus.....

 

[MarineUS]

It is implied that when you borrow something that belongs to someone else, you are to take care of it. I don't believe in stupidity, which is the only thing that would be an excuse to not understand that imho. I said he could use it - not destroy it. Common sense ≠ Common.

I always try to make sure that when I use something it is in EXACT or BETTER condition than when used. The agreement was he could use the truck and return it to me as it was when I let him use it. There is no written agreement, just the wire transfer.

As for paying him back: Hell no I don't want to pay him back. It's going to cost 4 grand to fix the thing. He got T-boned but was charged with failure to yield when making a left, putting him at fault for the wreck. He got hit by a Nissan Altima (who was texting and driving but had previously dated the officer who was in charge of the scene - which we found out after he went to court) and it completely ripped the drive shaft out from the truck, sent the rear driver wheel flying into the woods, bent the straight axle, and caused the side of the truck bed to wrap up and "hug" the bottom of the bed.

Glad I could give ya a laugh for the day.
She is a b**ch though.....I think he obeys her out of the sheer thought she might kill him. He does have one helluva life insurance policy.  

[68ZooM]

just wondering if there was insurance on the Truck, if he borrowed it without insurance on the Truck both of you are at fault, you for letting him drive it with no insurance and him using it knowingly with no insurance. Full coverage will cover most accidents providing the insured vehicle is being operated by the registered owner, or the person borrowing the truck is covered through their insurance company. if it's liability insurance well your screwed on them fixing your truck. as far as the Loan goes if it was made in good faith then i would pay that back,just because he wrecked the truck is no reason not to repay the loan. The Truck is another legal matter seperate from the loan. either you'll have to sue him for the repairs or your insurance company ( if you have full coverage) will fix the truck and sue him for the repairs to recover the money spent to repair the truck.

[RTHolmes]

yeah thats what I figured

loan: $6500
repair: $4000

and you want to pocket the $2500 difference. is this greed or just total lack of honour?

[ink]

It is implied that when you borrow something that belongs to someone else, you are to take care of it. I don't believe in stupidity, which is the only thing that would be an excuse to not understand that imho. Common sense - not so common.

I always try to make sure that when I use something it is in EXACT or BETTER condition than when used. The agreement was he could use the truck and return it to me as it was when I let him use it. There is no written agreement, just the wire transfer.

As for paying him back: Hell no I don't want to pay him back. It's going to cost 4 grand to fix the thing. He got T-boned but was charged with failure to yield when making a left, putting him at fault for the wreck. He got hit by a Nissan Altima (who was texting and driving but had previously dated the officer who was in charge of the scene - which we found out after he went to court) and it completely ripped the drive shaft out from the truck, sent the rear driver wheel flying into the woods, bent the straight axle, and caused the side of the truck bed to wrap up and "hug" the bottom of the bed.

sux.......its a bad situation to be in,  I have plenty of "court" experience but on a different level  so I cant help ya there.......I personally would not pay him,I would  tell him to come pick up his new truck, let him keep the stuff he took,(as far as I am concerned he stole that stuff, and I F'en hate thieves, a thief deserves NO respect) call it even...and never look back.

ether way good luck