I need some help figuring this one out, please

If this is a contract that gives him no vested interest in the truck then he has to walk away from it. He's actually in a better spot than if he was buying the truck, since they have no deficiency claim. They only claim they have is breech of contract, but there is no secured debt involved.

With no secured property involved, the damages created by the contract breech will be more difficult to establish. If he returns the truck and walks away, they won't follow him.

I believe I established that a page ago as the probable outcome.

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I just want to set the record straight. I did not mean my most to be insulting or hurtful in any way - more as a protection for you and your family. I've seen a lot of stress and problems with wonderful people taking people in and then being taken advantage of (not that your niece would, but help up is better than a hand out).

I won't go into the truck matter because Seedspreader has more than covered it and is dead on.

I understand you wanting to keep her personal life personal, so without asking why she can't work, I'll elaborate on a few more of my thoughts.

If she really "can't" work for any health reasons, has she looked into social security? I'm not one for using the system but it in place to HELP those who truly need it. Also vocational agencies that could help her find employment that she CAN do (trust me on this one, my DD could have qualified for SSI years ago, but is working with an agency to find her a job that she can do full time so she doesn't have to rely on SSI. These agencies are wonderful!).

The teenagers definitely can work. At those ages, there's pet sitting, house sitting, baby sitting, yard care, etc. Maybe once they've moved in with you, they can make flyers and put them up. Even in a small town, there's always someone that could use help.

I don't know your own financial status, but once she moves in with the teenagers, maybe they would qualify for a food share program, energy assistance, etc.

These are just thoughts. I know times are really tight because we are all feeling it. And offering to take this on is an incredibly wonderful offer on your part. Your family is very lucky to have you!

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My neighbor has been driving for the last four decades. At least a decade ago he started running into the guys who had been recruited as "indentured servants" for these scumbag outfits. One of the very first he met was a young man, standing in a truck stop, counting his pocket change. The kid had sneakers with holes worn through and looked like he was homeless. My buddy asked if he need help? It turns out he was an "owner/operator" for a big outfit, fancy new truck and all. The kid was trying to find enough change to buy a hot dog, since he hadn't eaten in a while. The kid explained that between the truck mortgage, fuel, and other costs, he was barely staying afloat, running 3-4 weeks straight, with a quick stop at home every month or so. He was worried sick that he was near the end of the road. He needed several grand for new tires and didn't have a dime to his name. His company rep. told him not to worry, just charge it on the company's account, and they add it to the mortgage. He knew he would be signing a note with the devil to put new tires on the rig, and he knew they would make life hell for him if he parked it. I wonder how it all worked out?
Another friend is married to a guy who is too proud (read as the most thick headed German immigrant on the planet) to "work for somebody else". Last year, as an owner/operator of a fancy new $115K rig, he netted FIVE GRAND for his year of spending 95% of his time on the road. I doubt he made over two bucks an hour after it was all said and done. Deadheading and getting stiffed by bad shippers can really get ugly if your not careful. I'm sure many are happy and sucessful at it, but there are a whole lot of horror stories out there.

................There are truck driving jobs in those parts of the country where oil companies are drilling , mainly for natural gas . Texas , Louisiana , Wyoming , Pennysylvania , New York , and others I can't think of at the moment . , fordy

Dunroven, I don't know how big your farm is, but what I would do in your situation is have the boys (or the boy, if only one is actually going to be there full-time) perhaps raise some chickens to sell, or run a stand at the farmer's market, or something. That way he could earn some cash and contribute to the household expenses. Also, if it looks like your relatives are going to be there for a while, you might be able to put a used MH on the place for them, or even build them a cabin (another good project for the boys). If local codes/zoning won't allow a second residence on the property, then add on to the house!

It sounds like your family will be all right for food, as long as everyone pitches in and helps with the work. I think that many of us will be in this situation before much longer.

Kathleen

Dunroven, sounds like your niece is in quite the pickle. I talked my friend out of being an IC for Schneider a while back. I was an owner operator for a while and for the most part there isn't much money in owning your own truck. I sat down and figured it out what I was making an hour after expenses. I was making an incredible 7 bucks and hour and no benefits to boot. I didn't lease a truck and it was paid for and still it was a lackluster living. A couple years later I went back to the same company driving their rigs and I made 15 bucks and hour plus benefits.

These days there isn't much for youth to do. If your small town is anything like the one I live in they would probably be competing with either grown men or illegals for jobs that used to be done by teenage boys. I know quite a few farmers that let all their high school aged help go to hire a bunch of illegals. The best they could hope for is babysitting or maybe shoveling snow from a driveway. Winter isn't a good time a year for teen labor. It wasn't too many years ago I was a teen myself and the memory of trying to find work is still fresh.

I hope everything works out for you and your niece's family.

Thanks everyone for all the suggestions. I would have the boys raise some chickens, except like Phil stated, too much toward winter. We have to have baby chicks in the house and we already have all 3 stories of our house now taken up with people, so that won't work and we can't put them outside cause I have a yearly visitor in a mink that wreaks havoc on my bird population each year. that's another story.

Anyway, we will get some things figured out for everyone to do to either keep busy with helping or make some money. I have no doubt about that.

Zookeeper, I know you didn't mean anything by what you said, I just wanted to clarify that and used your name just to make it so you could see my answer.

Anyway, we talked with the folks tonight and they took a lot of their belongings to the auction today and sold them so they could have money to tie up some loose ends and try to get up here.

On top of everything else, my husband's sister, as some of you know, in Texas, has cancer. She has had it for nearly 3 years now and has gone down in the history books as the longest survivor for the certain type of lung cancer she has (I don't know what one it is). Anyway, not long ago she decided she couldn't stand the fight any longer. She gave up on the chemotherapy. The doctors told her if she was ready then that was fine and for her to tie up her loose ends and probably by the first of the year, she could expect big changes to start taking place. So, she has been sorting all of her belongings and getting rid of them so the immediate family doesn't have this to do. She called my husband and asked him to come to Texas and see her and pick up his share of what she wants him to have. So, he is starting out on Sunday and will get down there on Monday and spend a week with her, and will suppose it to be the last time he will see her alive. He's going to say goodbye. She is a Christian and has had lots of support and is now ready to just go home.

Anyway, getting to be a little much around the homestead here. Please continue the prayers. What would I do without all of you standing with us? I appreciate you all more than you will ever know!

Love to you all!

Valorie

WHEN TURNING IN THE TRUCK.
Get it in writing where to turn it in with the lest penalties. Many companies will charge you a TOW TRUCK FEE for relocating the truck to some special place. Usually its at the other end ofthe country from wherever you turn in the truck.
Get it in writing who will be there and be authorised to sign for the truck.You dont want them claiming they never got it .
Take pictures at the time of turnover with the authorised signer LOTS OF THEM and of the details. better yet make a vidieo IN ADDITION, if you do you can show the truck running.
Record the mileage.
Go home have a good cry and then feel the relife!

Hey.

He need a big city lawyer. If he was under duress when made to sign contract, he probably has legal grounds to have it declared void and could receive pain and suffering due to losing the house,etc. Usually your expenses are considered when getting a legit loan...if they knew he wasn't working enough to pay the loan and living expenses then a lawyer should be able to run with that. If they're staying more than a week, I'd charge them room and board since you're not floating in dough yourself...they should understand that.

If he's Union he should contact the Teamsters.

RF

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Actually, when I mentioned the chickens I was thinking of next year. But if you have a problem with mink, maybe the young man could get a trapping permit and run a trap line. That's how my grandfather supported his family during the first Depression. They had a farm, too, and it fed them (along with hunting, fishing, and wild berries), but it was Grandad's trap line that brought in cash income so they could buy things they couldn't raise. If no one in the house knows about trapping, check with your department of fish and game -- they may have classes. If they don't, they may be able to put you in touch with an experienced trapper who would be willing to take on an apprentice.

I'm sorry to hear about your husband's sister, but glad he'll be able to spend some time with her.

Kathleen

Been a long day trying to get things ready for the trip and ready for my niece.

Yeah, we do have a single wide mobile that we moved in here a couple of years ago and have water run to it, but not in it and electricity to it, but not in it.

It needs some roof repair and some floor repair, but is really not in terrible condition, at least not so bad it couldn't be some temporary housing.

But we can't afford to deal with that and everything else, plus, it won't be happening this year anyway, we are getting to close to winter to have folks out there working with the water or tearing off the roof. We have some of the material for it, in another storage building but again, don't want to do it until spring, when it will be warm enough to deal with everything.

Haven't talked to the folks today but I figure they will be here in a couple of days and then when he gets off the road for a day or 2, maybe my hubby and he can have a good long heart to heart and hear about some of this and maybe we can get him to change his mind on it. We'll be talking to them before long though, I'm sure.

Thanks for the thoughts and prayers everyone. We SURELY need those!

Listen to Seedspreader, he knows what he's talking about. Check out OOIDA, it's an association of independent truck drivers that might be able to offer good knowledgeable advice and recommend a good source that knows the legality of these lease to own scams. They have been involved with many and won class action suits against some. They seem to be the best advocate I can think of. He will need to check more then his credit. They can and do have the ability to influence his DAC report which will effect him getting future employment. Do not just use any lawyer, you will need a lawyer extremely familiar with trucking
http://www.ooida.com/

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Valorie, trust that the Lord will sustain you. You are doing exactly what Jesus told us to do, caring for those in need..... may God continue to bless you. Will pray for continued strength and wisdom for you and your husband.

God bless...

For those that don't understand, the payments will be in the 2500- 3000$ Then there are the other things fuel,repairs taxes etc.We are hauling for the same wages we did 25 yrs ago.We just made our last payment on our truck.We have no other bills ,we don't live high on the hog in fact most people wouldn't live the way we do.There simply isn't enough money being made to continue.There is at least 10 o/o that we know that are wise with a dollar but we are ALL 1 major repair from folding up.We are the lucky ones no great expences BUT no money either ,we are all trying to get by till better times.We are running less miles and only taking stuff that pays.Some may not know how abusive co.'s are to truck drivers.1 thing I would strongly caution you on ,They have 2 teens-It would be better to lose all(bankrupt) than to lose the teens.It is very hard to raise kids they need both parents home during this time in their lives-I know where of I speak.If they want to go back on the road later after the kids are out of the nest fine but don't abandon the kids and that is how they will see it.Just my opinion based on experience-fireliteca

Prayers from here for a good outcome...bless you, dunroven for all you are doing.

Patty

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They will most certainly come after him legally.

Any lease on anything, is an contractual agreement to pay a certain amount of money, for a certain period of time.

By turning the truck in early, he will, in effect be "breaking the lease". They will want whatever the balance due on the remaining time.