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JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20233
Experience:  Explains legal matters based on 14+ years experience.
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took over payments on a van from a individual who owed the

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took over payments on a van from a individual who owed the bank - paid $3000 down and $950 a mo. Every month this individual texts me threatening emails that he will report the van stolen and repossess it - just this past week I found out the note is in this individuals parents name - and I have a contract with him not them - my payment is now due and I have of course been threatened constantly which is how I found out about his parents which he doesnt know I know - but I dont know what to do now as I dont have their permission to drive the van. Do I continue making payments? Do I put the money in escrow? Do I contact his parents to get their permission? Do I sue him for fraud? I have a lot of money currently tied up in this van for work and we are almost at the midway point for paying it off (according to the contract).
Welcome and thank you for your question!

I am sorry to learn of the facts you've described. Approximately how much have you paid this person?
Customer: replied 4 years ago.

11000 if you include this month

Thank you. From the facts you've described, no matter what, you cannot possess the van without the permission of the true owner.

So, to that extent, you need to contact the parents. Explain what has happened, and see if they'll let you to continue to make the payments directly to them. You would have to sign a separate contract with them.

As for your contract with him, what you've described is criminal and civil fraud. You could sue him in civil court for the return of your money and/or you can go to the police and seek his criminal prosecution. If he's prosecuted and convicted, the judge could order him to repay the money 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. Thank you for your business!

~~ J.B.
I see where you read my answer but not where you asked a follow up question or rated my effort to assist you with the law as it relates to your issue. The Site has been having some major systems issues recently so we are not always receiving customer replies or ratings.

If you do have a follow up for me, if you could send it again and let me know this is your second try (so I can let the Site administrators know), I would appreciate it.

Otherwise, if I have answered all of your questions, please take brief moment to rate my assistance to you so that I can receive credit for my work.

Thank you in advance.

~~ J.B.
Customer: replied 4 years ago.

I dont know if he (the one I signed the contract with) has permission from his parents to sell the vehicle or not - so I am torn as this is my only vehicle but I want to be correct - and his constant threats of having me arrested or reporting the van is stolen if indeed his parents dont know - so I am just in a quandary as to what to do

Thank you for the follow-up. I understand this has you in a fix. Your options are:

1. Contact the parents. Explain what has happened, and see if they'll let you to continue to make the payments directly to them. You would have to sign a separate contract with them.

2. As for your contract with him, what you've described is criminal and civil fraud. You could sue him in civil court for the return of your money and/or

3. You can go to the police and seek his criminal prosecution. If he's prosecuted and convicted, the judge could order him to repay the money to you.

I hope this helps to clarify things!

~~ J.B.
Customer: replied 4 years ago.

his parents live in Texas - he lives in so florida and I live in central florida - so where do I go to report him? my county or his?

If you signed the contract in South Florida where he lives and if that's where you send the payments to, then you contact the police in South Florida. If you were to sue him for the money, you'd sue him in South Florida.

~~ J.B.
JB Umphrey and 5 other Legal Specialists are ready to help you
I see where you read my answer but not where you asked a follow up question or rated my effort to assist you with the law as it relates to your issue. The Site has been having some major systems issues recently so we are not always receiving customer replies or ratings.

If you do have a follow up for me, if you could send it again and let me know this is your second try (so I can let the Site administrators know), I would appreciate it.

If I have answered all of your questions, please take brief moment to rate my assistance to you so that I can receive credit for my work.

Thank you in advance.

~~ J.B.