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JB Umphrey
JB Umphrey, Attorney
Category: Legal
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Experience:  Explains legal matters based on 14+ years experience.
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my friend was talked into paying for a pickup for her boyfriend

Resolved Question:

my friend was talked into paying for a pickup for her boyfriend with her credit card. she payed for it with a credit card check. he had a good job and promises to pay her back in a couple months. The pickup was to be in both their names but he managed to get it just in his name. The auto dealer knew that she was paying for it. The pickup was bought in august and he was laid off or quit a couple weeks after purchase.He has not worked since. Dec. 31 he left for Minnesota and has not been back since. He does not return text messages or phone calls. He is believed to be in Texas with another woman. Is there anything she can do?
Submitted: 1 year ago.
Category: Legal
Expert:  JB Umphrey replied 1 year ago.
Welcome and thank you for your question!

I am sorry to learn of the facts you've described. It would be helpful to know:

1. Was your friend over the age of 18 at the time of the purchase?

2. Did he make any payments to your friend?

3. Are there any text or e-mails or written notes that show he promised to repay?

4. Who has the auto right now?
Customer: replied 1 year ago.

yes 48. no. i do not think so. the man.

Expert:  JB Umphrey replied 1 year ago.
Thank you. How much is she owed?
Customer: replied 1 year ago.

around ten thousand. she will have to sell her house if she has no case.

Expert:  JB Umphrey replied 1 year ago.
She can travel to Texas and sue him for up to $10,000 in small claims court under the theory of fraud/misrepresentation. She doesn't have to hire a lawyer to do this. But she will have to travel to Texas on her own and she won't recover her travel expenses.

The process for suing someone in small claims court in Texas is found here: http://www.texasbar.com/Content/NavigationMenu/ForThePublic/FreeLegalInformation/OurLegalSystem/HowtoSueinSmallClaimsCourt.pdf

ND isn't an option because the ND courts don't have personal jurisdiction over him and she'd still have to go to Texas to seek enforcement of any judgment.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
Customer: replied 1 year ago.

what if he returns to nd

Expert:  JB Umphrey replied 1 year ago.
If he returns to ND, she could sue him in ND small claims. The court forms for doing that are found here: http://www.ndcourts.gov/court/forms/small/forms.htm

~~ J.B.
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20232
Experience: Explains legal matters based on 14+ years experience.
JB Umphrey and 13 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

if she wins the case in small claims court and he doesnt have the money can she get the pickup?

Customer: replied 1 year ago.
Relist: Other.
never got last answer
Expert:  JB Umphrey replied 1 year ago.
Thank you for the follow-up question. If the truck is paid off, yes, she can obtain a court order to obtain physical possession of it.

~~ J.B.

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