need legal help please

[kml]

You are active duty stationed in CA? If he's hell bent on court the servicemember's civil relief act (SCRA) will most likely help you. Even if he had a case, no Judge will make you come back and forth from CA to deal with this MINOR issue. IF it even got that far, it is usually delayed until you return to Indiana.


Servicemembers Civil Relief Act

 

[CountryBoy19]

You are active duty stationed in CA? If he's hell bent on court the servicemember's civil relief act (SCRA) will most likely help you. Even if he had a case, no Judge will make you come back and forth from CA to deal with this MINOR issue. IF it even got that far, it is usually delayed until you return to Indiana.


Servicemembers Civil Relief Act

He is in CA, the guy who owns the car is in CA, the person that drove the car is in CA. I don't see how that is going to help. They are all somewhat co-located...

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

Are you saying that the person who was driving has already had his insurance cover the cost of the repair but the owner of the car is trying to extort you out of additional money? Pretty sure I would tell him to go pound sand if that's the case...

 

[scott delaney]

to the point. you and your friend had C.C.C of his car, you are responsible for the repair of damage. he has found out that his insurance rate will raise , now he is not willing to file a claim, so you and your friend need to do the right thing and pay for the damage that happened will in your C.C.C

 

[sepe]

to the point. you and your friend had C.C.C of his car, you are responsible for the repair of damage. he has found out that his insurance rate will raise , now he is not willing to file a claim, so you and your friend need to do the right thing and pay for the damage that happened will in your C.C.C

From the way I read it, owner got insurance involved. Dude friend's (driver) insurance is handling the damage. Owner is trying to get more money from FWG and dude friend. FWG and dude friend realize they're responsible for taking care of the repairs and were given a specific date to pay. They've tried to do this but owner has sand in his mommy downstairs bits. If the owner decided they wanted to do something different, they should have let FWG and dude friend know. If he was going to change the date payment was due, FWG and dude friend should have been told. It doesn't sound like FWG and dude friend are trying to get out of paying for the damage.

 

[HoughMade]

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

I can't give you advise of what to do or not to do. My license is only good in Indiana.

What I can say is that you had better read over that entire section again and don't plan on it carrying the day for you. There's a reason we go to school for 3 years after college and take a long difficult test.

 

[FortWayneGunfighter]

From the way I read it, owner got insurance involved. Dude friend's (driver) insurance is handling the damage. Owner is trying to get more money from FWG and dude friend. FWG and dude friend realize they're responsible for taking care of the repairs and were given a specific date to pay. They've tried to do this but owner has sand in his mommy downstairs bits. If the owner decided they wanted to do something different, they should have let FWG and dude friend know. If he was going to change the date payment was due, FWG and dude friend should have been told. It doesn't sound like FWG and dude friend are trying to get out of paying for the damage.

You are entirely correct here we had until the end of this month to pay for it we had the money on the 16th in hand he refused to take it. when i told him that in california our agreement to pay 300 by the end of the month was considered by law to be a contract and he was breaking it by not accepting and since i save the text messages wherein the owner had agreed to the deal he wouldnt win any more than the 300 we owed him and had now. The owners very mature and reasonable text back was somewhat along the lines of "well now you have this text that proves i didnt receive payment in time see you in court" Some people shouldnt be NCOs.....

 

[CountryBoy19]

You are entirely correct here we had until the end of this month to pay for it we had the money on the 16th in hand he refused to take it. when i told him that in california our agreement to pay 300 by the end of the month was considered by law to be a contract and he was breaking it by not accepting and since i save the text messages wherein the owner had agreed to the deal he wouldnt win any more than the 300 we owed him and had now. The owners very mature and reasonable text back was somewhat along the lines of "well now you have this text that proves i didnt receive payment in time see you in court" Some people shouldnt be NCOs.....

If your contract said you had til the end of the month send him a certified letter with confirmation receipt (that is where he has to sign to receive the letter and they send the signed slip back to you). That would be proof that you sent him the money by the deadline but he refused acceptance. Or, if it comes back refused to return to sender you have proof that he refused to accept it...

 

[sig-guy]

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.

This should be a comp claim with no rise in policy costs.

 

[Sainte]

If your contract said you had til the end of the month send him a certified letter with confirmation receipt (that is where he has to sign to receive the letter and they send the signed slip back to you). That would be proof that you sent him the money by the deadline but he refused acceptance. Or, if it comes back refused to return to sender you have proof that he refused to accept it...

And include the payment in the form of a USPS money order in the envelope. Take pictures of the MO filled out and the addressed envelope. Video sealing the envelope and handing it to the postal clerk. Now, he gets mail, signs or, refuses it, you have one more feather in your hat.

With this small a mount of money tho, you have to fight on principle more than any monetary amount.

 

[FortWayneGunfighter]

everything was resolved and is good now i reminded him of the times i helped him with cash when he got divorced and was broke

 

[copo]

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

That would be my guess is he's gonna pocket the money! Tell him see ya in court!