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Hello, I have been paying on a new Kia car I had recently got

 
Lucy, Esq.'s Avatar
  • Answered by:Lucy, Esq.
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Hello, I have been paying on a new Kia car I had recently got taken away from the man that was supposedly gonna be a co signer. I find that he decietfuly paid off the vehicle without telling me making me think I have been paying on a loan to get my credit back for a vehicle that was reposessed in 2010 by Wells Fargo. I have been paying interest of 10.24% on this vehicle which makes me over $7000.00 of loss in cash not only no vehicle, but personal belongings when he came and got the car. This man has been sexually harrassing me since 2010 and came and got the car because he said that I did not make a payment. He has defrauded me and unfaithfully went against are oringinal agreement. I am a disabled Beneficiary that is desperate for help. I cannot get any cooperation from the police department, because they said that if the title is in his name there is nothing they can do. I tried to get a harrassment order and was to late. The office was closed. I have a paper that I signed for the loan when I went to get the car in Utah which is two and a half hours from where we live in Wyoming. I have all my reciepts and he is acting as a loan person chargeing me the interest on top of what I have put in this document. I am at a loss for words on how I can get along and have no Transportation, along with my credit being worse. I am trying to understand a statute I might have a leg to stand on. this man has not put one cent into the vehicle, along with claiming it on taxes. Please I need emergency help. How can I convince an attorney to write a letter to him? I will even pay for it. I cannot find anyone. I am so depressed about this that I don't know what to do. Help Help Help. I never signed anything other that the original loan I applied for. He had been keeping it from me all along.

 

Optional Information:
Country relating to Question: United States
State (if USA): Wyoming

Already Tried:
I have tried everything possible. How can people get away with this? He knew what he was doing all along. I have had so much stolen from me since a vehicle Accident that I find it hard to go on. This is so detramental.

Submitted: 316 days and 7 hours ago.
Category: Legal
Value: $18
Status: CLOSED

Accepted Answer

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Expert:  Lucy, Esq. replied 316 days and 7 hours ago.

Hi,

My name is XXXXX XXXXX X'd be happy to answer your questions today. I'm very sorry to hear that this happened.

We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. If you have any questions whatsoever, or there is anything I can clarify for you, please temporarily bypass the rating system by clicking “Continue the Conversation” or "Reply" Clicking either of the lowest two options reflects poorly on me (and not whether the law favored your situation), so please reply to me if there is anything else I can do to help before choosing those options. I appreciate your patience while we work out the kinks.

Your cause of action here is what's called "unjust enrichment." What that means is that when a person enriches himself at the expense of another, knowing that the person is anticipating a certain outcome, that's unfair, and he needs to disgorge the benefit. You may also be able to prove Breach of Contract if he was supposed to use the money that you gave him to pay the Loan and he simply kept it. Or, you could have a cause of action for "conversion," which occurs when a person takes someone else's money and converts it to his own property - it's the civil equivalent of theft. Those are three different legal theories that support a cause of action against this man.

You do have the option of suing in Small Claims Court for up to 10,000. The only problem is that you would have to bring the suit in Utah, if that's where the other party lives. You can probably file by mail, but you would have to travel there for the hearing. Here is more information.
http://www.utcourts.gov/howto/smallclaims/


Try calling a few places to see what they would charge to just write a demand letter for breach of contract and conversion. It might not be too expensive. A good place to start is http://www.martindale.com. If that doesn't work, try calling any law schools located nearby to see if they have any sort of civil law clinic that might be able to assist you. Sometimes, they have programs where students help people at a low cost.

If you have any questions at all about what I've written, please click "continue conversation" or reply so that I may address them. It's important to me that you are 100% satisfied with the service I have provided you. Thank you, XXXXX XXXXX luck.

Expert TypeAttorney
Category: Legal
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Answered: 6/25/2012

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