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Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33079
Experience:  30 years experience in general legal matters.
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I had a wreck and my vehicle and it received $4,400 in

Customer Question

I had a wreck and my vehicle and it received $4,400 in damage is recording to my insurance adjuster. So, the insurance company decided to send me the check for the repairs - my deductible. Well since my vehicle is going to get repossessed any day now are maybe even the day it comes out of the shop they'll be waiting on it, is it against the law firm a to keep the insurance money sent to me for the repairs and use it as a Down payment for another vehicle and just let my other vehicle get repossessed?
Submitted: 9 months ago.
Category: Consumer Protection Law
Expert:  Loren replied 9 months ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

If the check is payable to you only and the lender is not listed as a payee then it is your check to spend as you want.

The only limitation is if the lender is listed as a payee on the check. Then you would need their consent to cash the check.

Customer: replied 9 months ago.
Just to clarify for myself, if the check sent to me from the insurance company for the repairs on my vehicle was made payable to myself & my father only. The body shop fixing my vehicle is almost finished with the repairs and should be ready by Monday, October 10rh, 2016. Prior to Wrecking my vehicle, I was a couple months behind on my truck payments. So now since it has been in the repair shop for 3 weeks my loan company are the lien holder has called several times and has put it it up for repossession. About 5 days ago,, a Wrecker/Towing company came to my residence in order to reposse my vehicle, but my vehicle wasn't there, it was at the body2 shop jetting repairs. I guess my main concern is sense the body shop has done most of the repairs, & I decide to just let the bank repossess my vehicle from the body shop well I get in any legal trouble by keeping the money from the insurance company?
Expert:  Loren replied 9 months ago.

Yes, the check is yours. The bank can sue you for any money they are owed, but if they are not the payee then it is not theirs to claim without a court order.

Customer: replied 9 months ago.
not even the body shop who did the repairs, can't take any legal action towards me for he check? Seeing as how they repaired the vehicle but won't receive any payment for their services?
Expert:  Loren replied 9 months ago.

They can sue you for the repair cost. If the check is made payable to you and your father then you can cash it. You can not forge another payee's name. So if it is just you and your father, and your father will sign off, then you can legally cash the check.

Expert:  Loren replied 9 months ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 9 months ago.

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