Consumer Protection Law

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hi I take a loan in my name for a car for a friend in order

hi I take a loan...
hi
I take a loan in my name for a car for a friend in order for him to make the payments and within 6 months to a year time he would've have take the car out my nme he stop making payments for the past 5months now I have to be making the payments he refuses to bring me the car I went to his house where the car is and he didn't wanna give up the car I brung the cops there to get it he said he wont give me the keys the cops said hes not the registered iwner so they cant have him give me the car I need ur help plz
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Answered in 6 hours by:
7/4/2013
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 19,845
Experience: B.A.; M.B.A.; J.D.
Verified
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.

Could you explain a little more?

So the loan is in your name, but the car is not registered in your name?

If so, how did the lender let this happen?
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Customer reply replied 4 years ago

Know never own a car before so know know what was getting into he told me by getting a car in my name it would make my credit looks good to get a house and he ll take the car out of my name within a year time went to dmv and get the car register in the guy name that guy know never met him before so now is there any way can get back that car without have to have the bank repo it?

Customer reply replied 4 years ago

This guy is a scammer am not the first person he did it to he have me registered the car into his friend name which is living one block from his house went to his house and saw the car am asking why is it that call the cops and still get the car which the title of the car is in my name am now paying for this car plz need your advice on how and the best way of going about getting this car

I am sorry, I still do not know what is going on here. I still do not understand why they were able to register the car in another person's name when the loan is in your name.

Could you explain? I would not be able to assist you if I do not know what is going on.
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Customer reply replied 4 years ago

i dont know why they did that ok so now am in this situation how can get out of this how can get the car

I am sorry, I am going to have to opt out because I do not know what is going on. I would open your post to other Experts.

Please do not respond to me because doing so would delay a response from another Expert..
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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10,244
Experience: I am a civil litigation attorney representing individuals and businesses.
Verified
Dear Customer,

I am another expert on this site. After reviewing your communications with the prior expert, I believe I can assist you.

As you have taken out the loan on behalf of your friend, you are acting as a lender (you purchased the car from the dealership with a loan, your friend has contracted with you to pay for the car).

Given the informal nature of your contract, it is unlikely that you can enforce your rights through a repossession, but you can take this person to Court for several causes of action, and hopefully the return of your vehicle.

The defendant has breached your contract by failing to repay you for the agreed payment amounts.
The defendant may have defrauded you, by telling you he would pay when he did not intend to. (Fraud is a tough cause of action to prove, but if you are successful it has punitive damages in addition to compensatory (you will get more money in addition to getting the car back due to the defendant's bad conduct) it is often plead in addition to other causes of action here).
The defendant is holding property that belongs to you, this cause of action is called "conversion".
Finally, you can ask for "declaratory relief" asking that the court issue a judgment saying that this car belongs to you and not the other person. This will allow you to go to the DMV and get the title changed.

I wish that there was a less complicated way to deal with this situation, and perhaps after receiving notice of judicial proceedings and his liability this person may cooperate. Unfortunately, there are no "self help" options available here, you need to go through the Courts.
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Customer reply replied 4 years ago

ok and thanks am in brooklyn ny how much is ur fee and how long will the process takes?

Dear Customer,

Unfortunately, I cannot accept clients through this website (it is one of the terms of the forum), and I do not practice in NY. You can find an attorney through the New York State Bar Association website; Martindale Hubble, or AVVO. (Look for a civil litigation attorney in a solo practice or small firm).

If the other party does not show up (you get a default judgment), the process can take 3-4 months. If the other party contests the matter it can take up to a year.
These are rough estimates and the process can be shorter or longer. One of the biggest delays will occur at the beginning if you fail to properly serve the defendant with the complaint. It is worth spending the additional money to hire a licensed process server to ensure your summons and complaint is properly served as this will save a significant amount of time.

 

I hope that my answer was of assistance to you. 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. Please remember to rate my service once you have all the information you need. Thank you for your business!

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Customer reply replied 4 years ago

I was talking to a lawyer that says his way is that he would get a court order take out and then get a marshalls to go cease the car it can happen that way too right?

We are talking about the same thing. The Court will not issue an order unless there is a pending case in front of it. The other party must be given "due process" and a right to contest the matter.

One thing you can do immediately after filing is to requestion that the court issue "injunctive relief" and return the car to you pending the lawsuit. To do this you will have to make a motion showing that you will almost certainly win, and that returning the car to you is the best way to preserve the property during the pendency of the lawsuit. (Meaning if you happen to lose, it will go back to the other party, but during the lawsuit you will have possession).

You still must file a lawsuit to initiate this process.

If this other lawyer has another suggestion based on his experience in your local courts, you may wish to consult with him further, perhaps there is a different procedure he is referring to, but the above is the general rule as every defendant is entitled to due process before property is removed from them under the color of law.
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Customer reply replied 4 years ago

ok so we are saying the fastest way is to go throw a lawyer right

A lawyer may make the process go more quickly (they are more familiar with the court procedures, and sometimes a demand letter from an attorney will help motivate another party to settle before you have to file a lawsuit), but you can pursue this on your own, and if you stay on top of the procedures (New York Courts have an online self help site that can help with that a little bit), you should come out in about the same amount of time.

But yes, an attorney will specialize in this, and will be able to save you a considerable amount of time.
CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10,244
Experience: I am a civil litigation attorney representing individuals and businesses.
Verified
CalAttorney2 and 87 other Consumer Protection Law Specialists are ready to help you
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Customer reply replied 4 years ago

Was so confuse and know what to do where to turn but after talking to you u helped me to now make a decision and how to go about my situation wanna tell u a big thankyou it was nice talking to u

Dear Customer, thank you very much for using our service, I truly do wish you a speedy resolution and the best of luck in this matter. I hope that my answer was of assistance to you. 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.

Please remember to rate my service once you have all the information you need. Thank you for your business!
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Customer reply replied 4 years ago

hi so now start a case with a lawyer he got a court order to go cease the car the guy now hiding the car whenever or the prosecuter go there the car is that there the next step can they take knowing they have a court order wanna hear from u thanks?

I am pleased to hear that you got the Court Order. While it may be another undesired expense, you can hire a repossession service or towing service to track down the vehicle for you. They will do so quickly and using the Court Order, make sure that the repossession of the vehicle is done lawfully. (These services do this for a living and most have a very high success rate).

If you would rather wait and see if you can enforce the order yourself, you have the option of petitioning the Court for sanctions against the party for "secreting" the vehicle from you following the Court Order. The Court can continue to issue money sanctions against this person in an effort to force compliance, but it is left up to the parties to actually enforce compliance.
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Customer reply replied 4 years ago

even though pay this lawyer thousands of dollars would ve to hire a repossession expert or towing company for me to pay dif money should be ale to get a refund back from this lawyer if am to go try a dif solution?

The two solutions are actually working together. Before you retained the attorney you did not have clear title to the vehicle, and had no right to repossess it yourself. Now that you have been to court and have a court order giving you possession, you now have the right to repossess the car - using a repossession company is one way to do this.

You can use the court order to repossess the vehicle yourself so long as you do so "Peaceably" meaning that you do not use force, do not destroy anyone's property, or create a nuisance in the process of retaking possession.

I only suggested the use of a company to do this act as you appear to be having difficulty getting the vehicle on your own. Their job is very different from your attorney's, and I would not expect your attorney or law firm to do this work for you.
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CalAttorney2
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Category: Consumer Protection Law
Satisfied Customers: 10,244
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