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I have a problem. I had a fiance and I got 2 cars in my name…

Hi, I have a...

Hi, I have a problem. I had a fiance and I got 2 cars in my name and he is driving one. We signed a paper that just said he had to make all the payments whether we broke up or not. We didn't have that paper notarized. He owes me 1500.00 because he was out of work for a month and I had to pay his car payment, ins., cell phone and gym membership. Now he took off with the car and he wouldn't answer my emails and got a new phone number that I don't know.

Lawyer's Assistant: How old is the vehicle? When was it purchased?

It's only a few months old. It's a 2017.

Lawyer's Assistant: What state are you in?

Texas

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just I've been trying to locate him because he put on his facebook page that he moved to Hobbs, New Mexico, but not sure.

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Customer reply replied 11 months ago
The police said they can't do anything that it's a civil issue. My attorney said they can't serve papers to his mom because we don't know where he is so I am stuck.
Answered in 1 hour by:
8/18/2017
Michael Bradley
Category: Legal
Satisfied Customers: 1,516
Experience: Owner at The Protection Group LLC
Verified
Your attorney is correct in that you cannot serve his mother and have that be proper service against him. He needs to be personally served. If you cannot obtain a location through his social media or a friend, then I would suggest hiring a private investigator who can track down his location. The fact that the paper that you signed with regards ***** ***** making payments on the car not being notarized is not a big deal. A notary stamp only signifies that the person who signed the paper did so before the notary who verified his identity and watched him sign. They do not verify the contents of the document itself, only the signature
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Customer reply replied 11 months ago
Okay thanks. I have like no money left now. I am a single mother with 3 kids and I gave him the last of my money to start this lawn business because he was out of work for a month(he changed jobs 10 times now in a year and a half)and is a truck driver. I am a student and I found 2 more people that are helping me mow lawns and all of a sudden we are busy and I do take care of a man about 8 hours a week, but I feel like a private investigator will charge me 250.00-500.00 an hour. I have no idea, but I guess it'd be better than having a repo on my name and/or paying for a car I'm not driving. He does have access to the account to make the payment when I called them. I'm torn as to if I should leave it that way because even if he does, I still have the problem as to he's not paying me for the insurance and before he quit talking to me, he mentioned getting it himself, but I didn't trust him to keep the insurance on it and then the finance company would charge me like 500.00 for not having insurance. The guy at the car dealership mentioned maybe we could do a double trade(I could trade in both cars even though that one is not here) and he said and we'll find our car because we have investigators. He said they had 4 stolen last week. I thought that sounded great, except I'm sure the cars have depreciated about 2000.00 each since we bought them because they were new. I usually don't buy new cars, but they were so cheap with the rebate I decided to. Since he put on his facebook that he moved to Hobbs, NM I was thinking about calling the Hobbs police and just saying it was stolen. This police officer here that's a my daughter's friend's dad said just tell them it was stolen, but then he's going to come out with that paper, but to me it is stolen in a way because he won't communicate with me. I got into his google account and listened to all the audio recordings every time he used that voice recognition on google and he said, "You've got a surprise coming for ya" so it's scary. Also, as far as the back money he owes me, my attorney's paralegal said I'd have to take him to small claims court to try to get it back. Is that true? and I guess when you go to small claims court, you don't use an attorney? Thanks and sorry so long.

I would have reported it stolen too.

He is not going to pay the payment or insurance and with no insurance that can bring you a lot of problems

I do not buy the deal with the dealership either that will probably cost you money in the end

For the back money they are correct you can sue in small claims court but you would need to know where he is so that he can be served

Yes you can do it yourself without an attorney

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Customer reply replied 11 months ago
Okay thank you very much! I just didn't want to alert him to the police if I could "repo" it secretly at night because one cop told me I could legally repo it since it's like I'm the lienholder. I guess it wouldn't matter though if the cops found him and then wouldn't give me the car back? I don't know.

if you try to repo it yourself that will not be free either

if it is reported stolen the police would impound and he would have no option but to give it up since the car is not in his name

Michael Bradley
Category: Legal
Satisfied Customers: 1,516
Experience: Owner at The Protection Group LLC
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Customer reply replied 11 months ago
Okay cool. Thank you!
Customer reply replied 11 months ago
what should I tell the police if he comes out with that paper we signed?Should I say, he made it up and that is not my signature? or should I say yes, we signed it, but he's not upholding his end of the agreement? When the police here anyway found out that we had that paper, they said they couldn't get involved. The Abernathy police(the little town where he's from near me) said that he could stand by while I try to take the car if he were there, but he couldn't get the car for me because it's a civil issue.

I would play dumb and not know what he is talking about. At the end of the day the police should only focus on the fact that the car is in your name only and that he has no ownership interest so you can report it stolen since you revoked his permission to use the car and did not approve it being taken over state lines

Since it is financed I would advise the loan company as well that it is being reported stolen.

At the end of the day it is their car until you pay it off.

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Customer reply replied 11 months ago
Thank you so much that helps tremendously with my decision I want to do. I may have to get a private investigator involved I'm thinking. If he gets the oil change it'll go on the service record to I don't know if he thought about that but I can see where that location is and he was always real good about changing the oil so... I just don't know how good the cops would be at looking for it or how much motivation they would have for looking for it. A friend of mine said private investigators are $2,000 for 3 hours that's crazy I don't know how true that is though or if he's just making that up.

that is way too much I agree

I would have thought way less than that

that is more than most attorneys charge

good luck

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Customer reply replied 11 months ago
Thank you
You are welcome
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Customer reply replied 11 months ago
I found out where he worked, called the police, the place took forever and didn't even go check at that work location, but I did and it was there. I called them back and they said since I had let him use it they couldn't force him to give it to me she could just ask him for the keys or have it towed and he wasn't there so we just had it towed and got it at least thank God. I tried to trade it but now it has $12,000 negative equity after only three months which I can't believe. And I found out there is a private process serving company that can serve other family members after they try that initial time.
I am glad that you got it back. Unfortunately, when you drive it off the lot it loses so much of its value that it is scary common as you are seeing. However, I don't think you had any choice but to grab it
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