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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111600
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I financed a vehicle in my name in*****

Customer Question

I financed a vehicle in my name for someone in*****back and forth to school in Los Angeles California until they moved to Tennessee come Sept 2015. They are now not coming to Tennessee. I'm still paying a monthly payment on the vehicle and need the vehicle back. I have contacted my local police department about the vehicle April 2016 and they stated that I can not report the car stolen that it is a civil matter. He has agreed to return the vehicle if I was to get a document stating that I will not press charges against them and they gave the police department an address of where it was at. I called to verify that indeed the vehicle was there before purchasing a ticket one way due to the fact that now I'm receiving toll bills from Canada that they are billing to me because the car is in my name. The apartment complex has no record of the car or person at this location in California. I'm being told that I need to have a document stating everything he is requesting and he will approve it and send back to me. If it does not meet their needs they will not work with me in getting the car back in my possession. What do I do? This could go on for months. They refuse to make a payment and now having bills sent to me for driving thru tolls and have now reached $232.61 in Canada dating up to March 23 2016. They are now stating that the car has been moved and is locked in a garage and I can not have it until I provide a document stating that I can not hold them responsible for anything. How is this legal?
Submitted: 8 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You cannot prosecute him, since you gave him the vehicle to use. You should not provide him any document releasing him from all liability at all. If he is refusing to return the car to you and is causing bills to incur during the time they have it, they are legally responsible for paying you for them. The way you have to deal with this is as the police told you, it has to be by filing a civil suit for Replevin (return of the car) and for reimbursement for everything they incurred on the plate for tolls. This has to be handled in civil court and this person is trying to get out of paying the car bills and tolls and to take advantage of you.
He cannot keep the car from you, but the only way to get it now is by a civil suit against them.

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