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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 113507
Experience:  Attorney experienced in commercial litigation.
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I had a vehicle with a loan someone took over the payment

Customer Question

I had a vehicle with a loan someone took over the payment and car and signed a agreement that the would make the payments on time and if they were late needed to return the car otherwise we could take her to court. She was late last month and i reminded her that she needed to make it on time this month or return the car. And it is 1 week late and she moved from wi to fl without letting us know where the car is located she sent a old refrence number stating she paid it and when confronted she stoped responding after saying she would send a pic of the reciept for payment that it was made on time. I told her she had till this coming friday to return the car if she does not return the car can i report it stolen although we said we would take her to court on the paper i dont know what to do. Also i can not locate the signed agreement right this monent but so have a non signed copy in my email and peoof that she made most payments late and impersinated me and signed contracts with my name deffered 2 paymentswhile having the vehicle.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You cannot report the car stolen, it is not stolen, it was given to her as a civil contract, so this is a civil matter and you would have to sue her in court and you will have to find the contract to enforce.

If the car is still in your name, if you could locate it in FL, you could use a tow company upon giving them proof you own it, to tow the car and repossess it. But if you cannot find where the car is then you are going to be limited to suing her. You can file charges on her for signing your name for forgery and identity theft and you would do that through the DA in the state where she signed them.

You need to pursue this in civil court though for the car and breach of contract.

Customer: replied 1 year ago.
I would have it towed it is still in my name but she has the title in the vehicle unfortunatly i will see if i can find the agreement and get a replacement title
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

If you can find the car and proof of ownership, or get duplicate title from the state, you can get it towed. If not you have to sue.

Please do not forget to leave positive feedback, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Customer: replied 1 year ago.
i just wanted to clear something up i was confused about. So if i cant find the agreement i cant sue her right
Expert:  Law Educator, Esq. replied 1 year ago.

If you cannot find the agreement, with the title still in your name, you can sue for repossession (Replevin) of the vehicle, but then you bear the burden of proving the other terms of the oral contract, because without a written agreement proving your agreement it is treated like an oral agreement.

Expert:  Law Educator, Esq. replied 1 year ago.

Please do not forget to leave positive feedback, as the experts are not employees of this site and get no credit for spending time with customers unless the customer leaves positive feedback. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.

Did you have further questions?