Ask a Lawyer and Get Answers to Your Legal Questions
First off, I am sorry for your situation.
Do you have a contract or bill of sale or anything from your friend who you bought the truck from?
How much have did you pay for the truck? You have several remedies that you can try to get your truck put into your name.
Yes we have a bill of sale from the sale that happen seven years ago. It was $3000.00.
Okay great, do you have proof of the payments?
Have you tried speaking with the bank or credit union and explaining to them that you have made all the payments?
Yes, we spoke to the credit union when the loan was paid off. They cross collaterized the loan to the truck and would not release the title.
How much is the truck worth?
It is worth $3300.00
Do you know how much they owe on the current debt? Is there anything else your friend would collaterize instead of the truck so you can get it free and clear?
No, they owe 14,000.00 on the loan and it is in divorce decree for him to pay credit union. I can't find him. How do I get the title or do i sue her?
Just because it's in the divorce decree doesn't mean that she is not still on the hook. I would tell her that you want the title free and clear, if not, then you will have to bring legal action. But that she needs to continue to cooperate or you will include her as well since she was on title when it happened.
I will go back to the bank and explain the situation. Let them know that you were a innocent third party who purchased the truck, has paid the insurance, repairs, etc. That you have complied with all that you had to do and you need the title released. That the note is paid in full, the bank has received all of their money for the car, and they are not hurt by releasing it since it's not worth anything anyways (that's what I would tell them).
Can I sue her, for my money back, being that I have used the vehicle for 7 years? How do I go about bringing their account up, when the account is not in my name. The credit union will not give me information on someone else's account. I do not believe she is willing to go with me, because the debt is in the divorce decree for him to pay and I think she is done with it.
Well, she may be done with it on the divorce decree, but that doesn't mean she isn't still responsible. I would let her know that if she doesn't help you, then you may have to bring suit. I would go after her as well since she was a party to the purchase. Also, even if you used it, they should still pay you back because the truck is not yours. In essence, they have committed fraud against you because you paid for a truck you cannot own. Even though you used it, it is still not in your name. The statute of limitations may have run, but it's still a possibility.
What kind of law suit should I bring against her? Criminal or small claims court for the $3000.00.?
It would be a small claims court action. I think it's been too long for anything criminal, plus you knew it and you kept making the payments. But, I think you would have a small claims action for sure.
I didn't make any payments- the truck was paid in full at delivery 7 years ago
Did they give you a receipt?
The bill of sale is the receipt
Then you have proof that you paid for it and it is a viable case. I just hope that the statute of limitations hasn't passed because 7 years is a long time.
In what county would I file a small claims case, the county she lives in or the county where the sale took place?
It just depends, it's different state to state. I would try the county she lives in, that 's always a good place to start.
Thanks for all your help