need legal help please

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  • FortWayneGunfighter

    Sharpshooter
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    Oct 13, 2012
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    The desert...
    Hey INGO a while back about 6 months i borrowed a friends car to drive home on leave me and another marine (he was driving due to my license being expired) drove to and from Indiana with no issues(apart from changing the battery). we get back and park in the parking lot where overnight someone backs into his car a bit and leaves a finger size dent in the back fender which when returning the car we noticed now we got insurance involved and the deductible was 300 which we gladly said we would pay. The owner of the car agreed and said no rush on this it was just a dent a couple months go by and he takes leave comes back around November now anyone who has been a marine knows all junior marines are broke living barely paycheck to paycheck and remain so until after they get back from leave so he agreed thankfully to not make us pay until the end of January it is the 16th we got paid yesterday and today after work we got the whole 300 together and told him we were bringing it to him. The owner then says that this was taking too long and he was done with waiting he was taking us to court and we were going to have to pay the total of 585 instead of going through insurance....advice? I feel like i am being messed with this seems a bit like some form of extortion i have the text messages from him saying that he would accept the 300 by the end of this month i am right in assuming that that coupled with bank records showing we pulled the 300 out to pay him he has no case and that all will happen is he will get the 300 and pay court and lawyer fees and it will take more time to get his car fixed...? Help please i really dont want this guy getting the driver in trouble with the platoon. There was no police report filled and we had already talked to the insurance company when the incident originally happened
     

    sepe

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    Jun 15, 2010
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    Accra, Ghana
    Reading that makes my head hurt...cliff notes please?

    Borrowed car, car got dent, owner and FWG and dude friend made arrangements to pay at a certain date, owner said cool. FWG and dude friend go to pay and owner is pissed even though specific date hasn't come. Owner wants more money and says he is taking them to court. FWG has text messages that say owner was cool with payment arrangement.
     

    Sainte

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    Jan 14, 2013
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    I'd get your sergeant involved first, show him the texts, maybe resolve it at that level. If not, your first sgt then Gunny. If they don't remind this guy about integrity, then print the texts out somehow.

    you can also let the owner of the car know that if he pursues the lawyer route, you will hire one as well and counter sue him for you legal fees.

    in all reality, I would be willing to bet that no lawyer is going to get involved for a $600 claim, that'd be like them agreeing to work this case for somewhere near $200. Ain't worth their time or the hassle.

    try your rank first, it should get resolved that way pretty quickly.
     

    FortWayneGunfighter

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    The desert...
    my command micro manages the crap out of us and wouldnt let us drive with an expired license even while the law states we have, we are part of different units so multiple people are getting involved before it gets resolved and lots of asses will be chewed, thank you sepe i dont always word things the best way possible. trying to resolve without it going any higher but he is set on us paying the 585 and going to court still this seems alot like he just doesnt want to insurance involved and wants us to pay more money
     

    hoosierdoc

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    Apr 27, 2011
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    Galt's Gulch
    Not sure , but I think verbal contracts in Indiana are valid under a certain dollar threshold. Or was that just a rumor? I'd pay $300, get a receipt, and move on.
     

    FortWayneGunfighter

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    Oct 13, 2012
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    The desert...
    I got him:
    "1624. (a) The following contracts are invalid, unless they, or some
    note or memorandum thereof, are in writing and subscribed by the
    party to be charged or by the party's agent:

    3) There is sufficient evidence that a contract has been made in
    any of the following circumstances:
    (A) There is evidence of an electronic communication (including,
    without limitation, the recording of a telephone call or the tangible
    written text produced by computer retrieval), admissible in evidence
    under the laws of this state, sufficient to indicate that in the
    communication a contract was made between the parties."

    This should work correct? thats california civil code
     

    hoosierdoc

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    Galt's Gulch
    it seems he is dead set on court


    Probably knowing the cost of airfare to show up isn't worth it over the difference of $228 which is really what we're talking about. $228/3 is the individual contested amount, right?

    you may find a lawyer in CA to take this for free for a vet and countersue for legal expenses if the guy goes to court.

    is there JAG or something available in this situation? I would personally pay my part of it and be done with the drama though.
     

    FortWayneGunfighter

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    The desert...
    Probably knowing the cost of airfare to show up isn't worth it over the difference of $228 which is really what we're talking about. $228/3 is the individual contested amount, right?

    you may find a lawyer in CA to take this for free for a vet and countersue for legal expenses if the guy goes to court.

    is there JAG or something available in this situation? I would personally pay my part of it and be done with the drama though.
    no we agreed on paying 300 total for the insurance deductible and now he is telling us we are going to pay the total 585 for the repairs without insurance if that is what you are asking doc
     

    perry

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    Nov 18, 2010
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    Fishers, IN
    Playing devil's advocate... Why should his insurance have to pay, and his rates potentially increase, to have damage repaired that he didn't cause? Seems like something your insurance / wallet would have to cover.
     

    1775usmarine

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    Judge Judy case solved. But really go up the chain get JAG involved. Is this guy a civilian? Save and print out your text messages.
     

    FortWayneGunfighter

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    Oct 13, 2012
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    The desert...
    Playing devil's advocate... Why should his insurance have to pay, and his rates potentially increase, to have damage repaired that he didn't cause? Seems like something your insurance / wallet would have to cover.
    that is my bad the car owner got insurance involved but it is my friend who was driving whos insurance is actually repairing damage the driver is paying no money out of pocket or with his insurance. sorry for the confusion
     

    perry

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    Fishers, IN
    that is my bad the car owner got insurance involved but it is my friend who was driving whos insurance is actually repairing damage the driver is paying no money out of pocket or with his insurance. sorry for the confusion

    Well shoot... why does he care then? Unless he just wants to pocket $585 and not get the damage repaired.
     

    1775usmarine

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    Sounds like a S%^&bag to me. Just cause you pass it up the chain doesn't mean you can't go and seek JAG counsel on your own. You did your duty and it may get you nowhere time to think outside the box Marine.
     
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