Re: suing fada? advice

[Guest guest]

eh, my fiance did some more research after I asked this question, and in my

state it looks like any oral contract more than $500, the case needs to be

iron-clad. Otherwise it's too big to enforce.

Thanks anyway.

On Tue, May 18, 2010 at 2:22 PM, book1231girl

wrote:

>

>

> 1) My fiance and I are having money crunch because of deposits and stuff

> for the new apt, and moving costs, and the fact that we're both almost

> unemployed in anticipation of the move. And my fiance is angry on my behalf

> at my dad for taking a ton of my money through a contract, and breaching it.

>

>

> My senior year of HS, fada took me out to the car dealership and we picked

> out a used Malibu and agreed that he would pay half, and I would pay half,

> of the monthly payment. He would use the car sometimes, and I would use it

> most of the time. When the car was paid off, I was going to get the title to

> it, for my own. It was a verbal contract he would repeat a couple of times

> in the future, and I agreed, even though every single penny of what I earned

> went toward that car's payment and insurance. This would be about March

> 2006, I would think.

>

> And then in March 2009, my fada disowned me, and said that I had to give

> back the car, in email. Then later he said that I could buy the car out from

> him, by taking out a personal loan so he could pay it off, and then I would

> pay in installments the personal loan.

>

> My fiance and his father at this point went out and bought a used car

> outright so that my fiance and I could use it to get to places. It was

> really really nice of them. They didn't want me to be beholden to my dad

> anymore, and the personal loan interest rate was crazy high. I left the car

> in the parking lot of their parish. And mailed the keys. Basically, I lost a

> lot of my payments in the car this way, though. About $4000, and I was 3

> years into a 4 year car loan. I haven't received any recompense, and my fada

> wouldn't give me anything, anyway, because he would see it as me paying for

> my use. He would say that I was paying for the privlege of using the car,

> instead of paying for the car in anticipation of owning it.

>

> So, my fada breached the contract. And my fiance has been saying ever since

> March 2009 that I needed to sue him to recover some of that lost car

> payments, due to breach of contract. It would be very nice to even get just

> $3500 of that, it would go a LONG way. but I'm kinda afraid of suing him.

> I'm afraid of him gaslighting in court. I'm afraid of causing more financial

> strain on them, even though I know it's my fada's fault that he spends his

> huge income quickly. (paying for 4 kids nonetheless). I'm afraid of causing

> even more strain in family ties...but then again, what ties? Fada and nada

> and bada have all disowned me. And that money would be extremely helpful.

>

> Anybody have any experience about legal battles with bpds? and do you think

> that money is worth suing for?

>

> thanks!

> ~Holly

>

>

>