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Tina! and thanks :) personally, I am in, but its a question

HI Tina! and thanks :) JA...
HI Tina! and thanks :)
JA: What state are you in? It matters because laws vary by location.
Customer: personally, I am in Washington, but its a question involving someone living in California, and the other living in Oregon. I have questions relating to the legalities of a car that was purchased under 1 person...they split and the other person cant afford the payment on the car
JA: Has anything been filed or reported?
Customer: No...I am just trying to do an inquiry as best approach to go forward :)
JA: Anything else you want the lawyer to know before I connect you?
Customer: I believe that is all :)
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Answered in 7 minutes by:
7/18/2017
Attorney2
Attorney2, Attorney
Category: Legal
Satisfied Customers: 7,433
Experience: 29 Years In General Practice,
Verified

Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

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Was the payment plan for the car in writing? Who agreed to make payments?

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Customer reply replied 4 months ago
There was no paperwork involved between the person who's name is ***** ***** loan with the financial institution. There was really no verbal agreement. They weren't going to split up but live apart...that fell through. He allowed her to take the car and continue payments. She did so for 5 months, but cant afford it, so she wants to return the car to him. He is saying either to take over the loan or pay him 3500 and return the car.

Thank you for the clarification. Which person is obligated with the financial institution?

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Customer reply replied 4 months ago
Sorry, i have asked and she said there was no paperwork signed when they agreed to live apart.
Customer reply replied 4 months ago
the person obligated with the financial institution is the male who lives in California. the female is not listed on the loan. she lives in Oregon

Can you tell who is on the title to the car? The issue is that the loan still needs to be paid by the person that took out the loan. Any other money owed to that person could be handled in small claims court.

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Customer reply replied 4 months ago
Here is what i was thinking of doing. I was going to call him and say "she cant afford the payments, but doesn't want to cause you hardship. Options we have is to either have you fly down and drive it back, OR we ship it using a carrier. we would split that cost. The car is up to date on payments. Next payment is due august 12th. The female who is driving the car has made the last 5 months payment. She has been logging into the financial institutions website using his credentials and making one time payments. H
Customer reply replied 4 months ago
the male is the only person listed as title owner on the car...15k is still owed on the car so finance institution still holds the title of course
Customer reply replied 4 months ago
to finish my last message. He has allowed her to log onto the financial institution to let her make payments. She is wanting to return the car to him and stop making payments on the car. I am trying to figure out if she has any liabilities at all

I am not sure that the person that signed for the loan has any option other than to continue paying and figuring out how they will regain possession of the car. Any verbal agreement between the two people can be handled in small claims court. She is not on the loan. The only obligation she is to him with regard to whatever they agreed to. As far as accessing his account did she have a Power of Attorney?

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Customer reply replied 4 months ago
No, she did not or does not have Power of Attorney

Is your concern that he will try to take an identity theft position?

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Customer reply replied 4 months ago
No, I don't believe he would try identity theft, but I am concerned he may try and report vehicle as stolen...which is not obviously since they have communicated this whole time and she has kept payments up to date
Customer reply replied 4 months ago
I assumed he has sole responsibility to the loan...so we were going to offer to help get the car back to him so he may chose to do whatever he wishes with it. Our best offer to him was going to be offer to pay have of shipping costs Or half of flight costs

If there has been communication between them and he knows exactly where the vehicle this he would not get far with any allegations that the vehicle was stolen.

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Customer reply replied 4 months ago
they have talked, and he knows exactly where the car is...Thanks! that makes sense to me.

If he has sole responsibility for the loan he needs to make the payments and accept the car. The fact that he has a verbal agreement with this person is secondary to his responsibility.

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Customer reply replied 4 months ago
Thanks Attorney2...hehe. I appreciate that you basically are confirming what I had thought, but I am no expert, so I appreciate the service from an expert. I understand that he is soley responsible based on the information I have given and believe to be accurate. The only recourse may be that he would have to file something with small claims court...is that all fair to say?

Exactly.

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Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out. Thank you for your consideration.

Thank you for using JA! We appreciate your business.

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Customer reply replied 4 months ago
I am not familiar with this service. I will gladly rate your high, but I do not know where I go to do the rating
Customer reply replied 4 months ago
will I get an email asking me to rate the service?
Customer reply replied 4 months ago
Will I get an email of the conversation we had through this site also, that I can reference to?

A rating scale should show up at the top of the page on your end. 5 stars. Let me know if you are not able to see the rating scale.

Attorney2
Attorney2, Attorney
Category: Legal
Satisfied Customers: 7,433
Experience: 29 Years In General Practice,
Verified
Attorney2 and 87 other Legal Specialists are ready to help you
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Thank you.

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Customer reply replied 4 months ago
Ok! sorry on the tip :( I was tipping 20%, but it said entered in card number wrong..i went back and re-entered...hope all is ok now!
Customer reply replied 4 months ago
hmmm tried tip again and says to re-enter card number...but I am sure I put it in correctly :(
Customer reply replied 4 months ago
Again, I thank you for your time! please have a great rest of the day!

I will let the site know. Thank you.

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Attorney2
Attorney2
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