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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21922
Experience:  Handle criminal matters in both state and federal courts.
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Ok, my father co-signed for a loan on a car for my oldest sister

Resolved Question:

Ok, my father co-signed for a loan on a car for my oldest sister that my father ended up paying for every dime and every maintenance routine etc. First let me give a little history about her. She is 42 years old and even though off of them for few years, she has been a drug addict for years, she blames everyone else for her problems and never takes responsibility for her own actions. She takes off repeatedly and will live homeless or mooch off of shelters or whatever she can get... Over the years she will just show up at my fathers house like nothing ever happen, and God bless my father but does what he can to try and help her, only to get burnt every time. He lives by himself, (my mother past away 25 years ago) and he is a christian and i know it breaks his heart to see one of his children like this. She will steal everything he has while she is there and get what she can and then just vanish again. Her last episode, she ended up in Florida living in a tent/or off a church with some guy. She got off of the drugs and started doing somewhat better (for a person that is fine living like that). My father went down there to visit her and of course somehow talked him into co-signing for a car, he went home and i guess thought about it and i guess being the kindhearted Father that he is decided to co-sign. Now the car that he agreed to co-sign for was what they picked out while he was in Florida, which was like a 4 0r 5 thousand dollar car. The dealer faxed the papers up to him in Illinois where he resides and he signed them and faxed them back... Now my sister knowing that he signed them and sent them back, now knows that she is getting a car, and goes behind his back and decides that she would rather have this 25 thousand dollar car instead of that piece of crap 5 thousand dollar car. Ok, so while off of drugs supposedly while she is living in Florida with this guy, but still abusing alcohol just takes this nice car a beats it down like hell. My father gets calls from the loan company because she hit a curb and blew out a tire on the car, prob drunk and left the car in which it got impounded. The loan company is calling him to let him know that it needs to be payed because it had been in there for so long the bill was super high that the place that it was being stored at was gonna start charging way more, she never even told him. My father ended up paying for everything on that car, she was so broke and couldn't even buy a tire for it that she just let it sit in impound. Ok after a few years in which she is able to come back to illinois,,, (had to stay away for the 7 years or whatever for felony charges) Now comes back and once again acts like nothing ever happened in which does seem like finally she is turning her life around. We all try giving her a chance, ( I have 5 brothers and sisters including her) and seems like she is recovered and a better person. Long story short, she marries that guy and he ends up dying a year ago, (alcohol and perscription drugs) and she is super overwheight and is unable to work due to it, or just a good excuse to get free money, Social Security. My father lets her move back in to his house like 6 months ago because she can't afford to live on her own. By now my father has had this car payed of for some time now and due to my circumstance of going thru a divorce and having a ex just turn my life upside down and steal all my money among everything else, and also losing a job right around the same time as the divorce started, in which i held that job for 19 years since i was 17 years old and was a 6 figure income job, my father gave me the car to use to be able to get back and forth to work and didn't want to see me without a car while i would have my 2 year old daughter, just a very generous kind hearted person. My father let her use his vehicle whenever she wantedand he also told her that it is not her car because he payed for everything on that and even after it was payed off, her and her husband would show up because it needed something and they couldn't pay for itand that she proved to him that she can't take care of it. He told her that when I got back on my feet that he was giving the car to his grandson that needs a car because he is going off to college. So like a week ago, she shows up and drops my fathers truck off and wants to use the car to go see this "new guy". She stole money from him, right out of his wallet, and took credit card info and charged up like $600.00 on the card and took off in the car. She also took his info and was applying for loans to get money in his name, because my father has recieved like 6 calls from places asking him how much of a loan he would like and so on and so on. Almost out of charcters, can explain more on next message but need to know what my father can do as in pressing charges on her. She told sister via text that her name is XXXXX XXXXX after my sister sent text saying car is getting reported stolen if she doesn't bring it back.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Samuel II replied 2 years ago.

Samuel-II :

Hi

Samuel-II :

I am sorry to hear of this unfortunate situation for your Dad. You have a criminal situation in that she has stolen from your Father.

Samuel-II :

I suggest you will want to have your Dad consider filing theft charges with the police on the credit cards and also the stolen vehicles. He also should consider calling the credit card folks and telling them he needs their assistance

Samuel-II :

as he is filing criminal charges against her for theft.

Samuel-II :

If he does not file the criminal charges, then the credit card folks will hold him responsible because there is no way to show them that he did not authorize her use of the card

Customer:

Yes very sad! Credit card company said they can't do anything about it since she is family

Samuel-II :

As I said, they will intervene but he must file the criminal charges against her

Samuel-II :

He won't do that, then the credit card company will not have any recourse.

Samuel-II :

If he won't do that, then the credit card company will not have any recourse

Customer:

Can he report car stolen since he co-signed and even though maybe her name is XXXXX XXXXX title, my dad is main signature since his credit was used

Samuel-II :

Yes.

Samuel-II :

He can

Samuel-II :

He should call the police and file reports

Samuel-II :

He is the main person on the title and did not give her permission to use the vehicle

Customer:

What about her taking his info and applying for loans via the internet to try and get cash

Samuel-II :

If he does not file police reports, he can't get any help

Samuel-II :

Again, a crime. That is ID theft.

Samuel-II :

I can understand his being hesitant in filing against his own daughter

Samuel-II :

But it will be the only way to get help with this matter. They are crimes.

Customer:

Ok another problem is, is that she might have taken off to florida knowing that they don't extridite to Illinois. That is why she ended up in Florida to begin with.

Samuel-II :

Who said there would not be an extradition? That is not the case.

Samuel-II :

If he files criminal charges, they will put a warrant out and Florida will pick her up, probably on a traffic stop

Samuel-II :

Every state will extradite on felony charges.

Customer:

Over the years this is prob like the 12 or 13th time she has done this to him, he is done and ready to press charges

Samuel-II :

That'

Samuel-II :

is a wise man

Samuel-II :

She obviously needs help with her substance abusr

Samuel-II :

*abuse

Samuel-II :

and to get that, it means hard core, tough love.

Samuel-II :

So if he files the charges, a warrant is issued and then she gets a traffic stop, this felony warrant appears

Samuel-II :

She is arrested and brought back to Illinois

Customer:

She had warrants out for felony charges years ago for writing bad checks or something like that and she took off to florida because they wouldn't extridte her and was stopped by police on a reg traffic charge and they contacted Illinois and they didn't have her sent up

Samuel-II :

In other words, unless there is an address for her, they won't hunt her down

Samuel-II :

Was it a warrant? Or an outstanding summons?

Samuel-II :

Because all states will extradite on felony warrants. She can fight the extradition.

Customer:

What does that mean? unless there is address they won't hunt her down

Samuel-II :

If you have an address for her, they will go get her.

Customer:

Well i believe it was a warrant but could've been a few years old

Samuel-II :

But if you have no address, it would have to come from a traffic stop. They are not going to go out and find her, with no address to go to

Samuel-II :

I see. Yes, sometimes, if there is an outstanding warrant they will not extradite but then that warrant would still be active

Customer:

No no address if she is in Florida than she is prob in a tent or shelter

Samuel-II :

in case she would return to Illinois and someone calls the police on her while there

Samuel-II :

But driving a stolen car

Customer:

But if car was reported stolen and they ran the plates they would know that way

Samuel-II :

Yes, that is correct

Samuel-II :

And they would stop her

Samuel-II :

and see the warrant and arrest her and bring her back.

Customer:

but doesn't after like 7 years those charges are no longer there? She came back to Illinois after 7 years and was pulled over and went to court and it was thrown out because it was to old or something like that

Samuel-II :

Well, it can happen that way after many years.

Samuel-II :

But she did have to go to court to have the warrant recalled and charges dropped

Samuel-II :

and that would have been based on your Father saying ok let's drop those charges

Samuel-II :

If he would have held stedfast they would not have dropped them

Customer:

On the credit card info, she was living with my dad and my dad had her pay a bill, she used computer to pay it and saved info and that is how she had his credit card info, so he can press charges on that even though she might try and say that he gave her info

Samuel-II :

That is correct. He gave it to her for one specific reason

Samuel-II :

Not to grant her permission to use it

Customer:

No those charges didn't have to do with my father, that was random charges as to where she went around and wrote bad checks to pay for stuff

Samuel-II :

You said on the credit card info

Samuel-II :

Oh, you've jumped back to the dismissal of the check charges

Samuel-II :

I see. Yes, well it is up to the victim.

Samuel-II :

Maybe after 7 years, they were no longer around.

Samuel-II :

The botXXXXX XXXXXne is, if your Father does not want to be responsible for the credit card debt, he must file criminal charges

Customer:

Ok so he can press charges on car since he is the main signer and can press charges on credit card theft and can also press charges on the id theft of using his info to apply via the internet for loans in his name

Samuel-II :

Correct

Samuel-II :

Yes, he can

Samuel-II :

And they will investigate it all

Samuel-II :

If he does not file police reports on these crimes he has no recourse

Samuel-II :

If you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you


 

Customer:

I appreciate this very much and thank you for your time, and glad you helped me out because when my sister sent her that text message saying to return the car, and my other sister responded by saying "don't you threaten me because my name is XXXXX XXXXX title and on insurance" i think that scared my father into thinking nothing could be done because she could be on the title but like i told him it doesn;t matter because without you signing it there would be no loan and because of that it is your car

Samuel-II :

And his name is XXXXX XXXXX title and also he never gave her permission to drive it this time.

Samuel-II :

You're welcome and I hope it all works out for your family

Samuel-II :

Ok?

Samuel-II :

If you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you


 

Customer:

Excatly, and funny thing is she didn't put one dime into it and couldn;'t even pay for gas or anything for it and yet just believes that, that is her car. I told my dad that he is handling it way better than i would be, doing everything in the world for her and then being disrespected like that

Customer:

Yes, once again thank you, XXXXX XXXXX helped. can i print this out or do i just need to save this on my computer to be able to let my father read this?

Samuel-II :

Once you accept this chat, it will convert to a Q&A formatr

Samuel-II :

and you can print from there. If you have problems, you can emailXXX@XXXXXX.XXX

Samuel-II :

and they will help you with the printing of the post

Customer:

I hit accept but doesnt seem to show it went thru,,, let me try again.

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21922
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 5 other Criminal Law Specialists are ready to help you

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