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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 18127
Experience:  B.A.; M.B.A.; J.D.
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I am a case worker trying to help a client with a legal

Customer Question

I am a case worker trying to help a client with a legal issue. The client purchased a $10,000 car for her daughter who is currently incarcerated. I'm not sure how much was actually ever paid on the vehicle before she stopped paying. The daughter convinced my client she and her boyfriend needed a car to get back and forth from work, and they would assume the expenses of payments, insurance ect... The client purchased the car from one of those high interest rate car dealerships and carried the insurance and the car in her name. The daughter and her boyfriend made cash payments to the mom (client) while staying at her home. The daughter and boyfriend relapsed and started doing drugs. The mom told them to leave. The daughter went to prison. The mom got the car back and parked it at her house. The estranged boyfriend went into the client's home while she was out of the country and took the keys. I am not clear how he got in the house. The client is primarily spanish speaking and I used an interpreter to help me sort through all this. The car was involved in an accident, and the insurance company is telling my client they are not going to cover the accident because the boyfriend did not have permission to drive the car. The boyfriend did not return the car, even after the police talked with him and told him he had 30 days to return the car because he convinced the police he needed it for work and had been making the payments, even though its not in his name. The client tried several times to get the car returned, and eventually reported it stolen. DMV is threatening to suspend her license because of the accident, and the police told my client that the car is a personal property issue not a criminal issue and to get an attorney. We tried all the legal clinics and the Oregon State Bar, but their reduced fee program doesn't cover property loss? One of the attorneys she managed to speak to, told her to go back to the police. The car dealer is hounding her by phone two to three times a day, and by mail wanting their money. She informed them the car was reported stolen and they told her it was her responsibility to get it back! The client does not know where the boyfriend lives, but has an idea of the general area which he lives. The client has a large amount of paperwork supporting her effort to get the car back and her trying to get out from underneath the large payments. She is still carrying insurance on the vehicle, since she is afraid to let it lapse, but has not been paying on the vehicle. the car was in another accident last week, and I don't know what to tell her to do... The boyfriend has all the legal paperwork on the vehicle, and wrote the client a text message that he has no intention of ever giving the car back and because of her actions refuses to pay any more money for it. I'm afraid the car dealer will start garnishing her wages. She works a minimum wage job, lives in subsidized housing and is raising her grandchildren. What should she do?
Submitted: 7 months ago.
Category: Legal
Expert:  Phillips Esq. replied 7 months ago.

If she reported the car as stolen, it is a criminal matter and the Police should assist her in recovering the vehicle. Otherwise, she should go to the DA (District Attorney) and press charges for the theft of the vehicle.

In the meantime, she can tell the lender to go and repossess the vehicle.

As for wage garnishment, her wages cannot be garnished without a lawsuit being filed against her and the Plaintiff obtaining a Judgment against her.

She should stop carrying insurance on the vehicle since the insurance company has refused to cover the accidents.

Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

Customer: replied 7 months ago.
Thank you, ***** *****
Expert:  Phillips Esq. replied 7 months ago.

You are quite Welcome!

Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.