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insearchoftheanswer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 55007
Experience:  Practicing lawyer for 31 years
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August 8th 2015 I leased a Car in my name so that a friend

Customer Question

August 8th 2015 I leased a Car in my name so that a friend of mine could keep her job. She was listed as the 2nd driver and, that she agreed to pay the monthly car payments as well as the insurance. In October 2015 she struck by another vehicle. A no fault claim was placed with Geico. As she claimed injuries. The at fault driver insurance is Geico. After the car was repaired a check was issued to my 2nd driver in her name, in the amount of $3,786.00. She cashed the check and never paid the auto body shop for the completed work. To protect my name and, full blown expenses otherwise, I applied for a loan to cover the repair expense as well as $600.00 storage fees. Since then she was awarded more than $15,000 dollars for the injury claim and has always found a reason to not pay back the money that I paid the auto body shop. Where do I go from here? Good natured person in distress.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  insearchoftheanswer replied 1 year ago.

Good afternoon Edward. My name is ***** ***** I look forward to helping you.

Since she clearly is not going to pay you voluntarily, you will want to file suit against her. Filing the suit will give you the collection options and leverage you need to collect the debt owed you. That's because once the suit is filed and a judgment awarded, you become a judgment creditor, and if she doesn’t then pay the judgment, you can have the sheriff serve a summons on her for a debtor examination. That forces her to meet you in court again and answer questions under oath about her assets. After that information is obtained, you have the power to garnish wages, attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property she owns to satisfy the judgment. In my experience, simply filing the suit is typically all you need to do to resolve this outside of court because most of the time, once served with a summons she is being sued, she will pay you rather than spend money defending a suit she can't win and risk the attachment of her accounts and garnishment of her wages.

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