Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I am the payee for an individual that has schizophrenia an…

I am the payee...

I am the payee for an individual that has schizophrenia an acquaintance of his talked him into getting a title loan on his truck. the proof of income letter he showed the title loan company clearly says I am the payee and he is a beneficiary. Well his truck disappeared out of his driveway thats when I discovered the title company took his truck. I tried to talk to them at the title loan company and explained the situation to them and all I got out of them was "well he didn't look crazy to me" do we have any kind of recourse. I thought that because the proof of income letter clearly states me as his payee and I thought that was to prevent things like that to happen. Does he have any options, he is on a limited income and replacing his truck would be virtually impossible.

Lawyer's Assistant: What state is this in? And how old is the truck?

ARIZONA I believe it was a 2007? he paid $ 9,000.

Lawyer's Assistant: Has anything been filed or reported?

No

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

No I dont think so.

Show More
Show Less
Ask Your Own Legal Question
Answered in 2 days by:
3/12/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 21,381
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Ask Your Own Legal Question

I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

If you receive a phone call offer, kindly disregard the offer. The offer is being made to you automatically by the site and not by me. Also, I do not participate in the phone call program.

Ask Your Own Legal Question
Customer reply replied 1 month ago
Thank you, ***** ***** understand. By no means do I hold you responsible for the response time.

Your Questions:

I am the payee for an individual that has schizophrenia an acquaintance of his talked him into getting a title loan on his truck. the proof of income letter he showed the title loan company clearly says I am the payee and he is a beneficiary. Well his truck disappeared out of his driveway thats when I discovered the title company took his truck. I tried to talk to them at the title loan company and explained the situation to them and all I got out of them was "well he didn't look crazy to me" do we have any kind of recourse.

Response 1: Yes, you do. You can file complaint with the Attorney General's Office and Better Business Bureau.

Also, you should reach out to the legal services in the area to file lawsuit against the title loan company to void the loan and return the vehicle. Unfortunately, you cannot file the lawsuit on his behalf since you are not an Attorney.

I thought that because the proof of income letter clearly states me as his payee and I thought that was to prevent things like that to happen. Does he have any options, he is on a limited income and replacing his truck would be virtually impossible.

Response 2: Unfortunately no. Being a Payee is not the same thing as being his Guardian/Conservator. The Payee means that you have been appointed by Social Security Administration to manage his benefits payments. It does not mean that he is incompetent. A Guardianship/Conservatorship means that he is incompetent and cannot manage his affairs and therefore that you have been appointed by the Court to act on his behalf. Thus, he cannot enter into contracts by himself. So, the title loan would have been null and void from the beginning if there was a Guardian/Conservatorship in place.

You may consider petitioning for Guardianship/Conservatorship for him to avoid a repeat of this incident in the future. You can obtain Petition forms at the Superior Court in the County where he resides or online. For more information, click here.

http://www.superiorcourt.maricopa.gov/SuperiorCourt/LawLibraryResourceCenter/Forms/ProbateCases/prob_group_1.asp

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 21,381
Experience: B.A.; M.B.A.; J.D.
Verified
Phillips Esq. and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 21,381
21,381 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
In California if a beneficiary predeceases the will maker,
In California if a beneficiary predeceases the will maker, does the share of the intended beneficiary who dies without a Will pass to his heirs at law or does the gift lapse?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,424 satisfied customers
If you are leaving your driveway and check carefully for
Good morning, If you are leaving your driveway and check carefully for traffic, but time you enter the street you are struck by another driver. Who is at fault. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I loaned a person money with a contract stating that if it
I loaned a person money with a contract stating that if it was not fully paid for in october the boat mentioned in the contract will be mine and i have the title for said boat … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
I'm stuck in a car title loan that I can't get out of in
I'm stuck in a car title loan hell that I can't get out of in Texas. I'm paying 550 dollars a month and it's not touching the interest. Is there anyway to get relief from this aside from paying it in … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,287 satisfied customers
Want to take someone to court over a title loan ,I told them
Want to take someone to court over a title loan ,I told them I would be in this month to pay the loan off .Went in on Tuesday. They say they sold the car on Monday. … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I'm from Wisconsin and today I signed a contract with title
Hi,I'm from Wisconsin and today I signed a contract with title company to buy land and a cabin,,closing date is this friday,,my wife and I signed early cause she had a day off work,,my question is, ca… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,686 satisfied customers
I have a question regarding conservatorships and trust.
I have a question regarding conservatorships and trust … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,686 satisfied customers
I entered a signed contract for payment with a Loan Company
I entered a signed contract for payment with a Loan Company after the loan had matured and a balance remained. I have paid the amount before the due date for 3 months as agreed. This company has repor… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,424 satisfied customers
Had a contract to pave the driveway...$10,000....they
Hi ...had a contract to pave the driveway...$10,000....they finished...they incorrectly graded...water pooling ...do I sue for breach of contract or nonperformance...demand letter...anything else?? wa… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,424 satisfied customers
I have a title loan from Alabama. I have since moved to
I have a title loan from Alabama. I have since moved to Michigan. The vehicle is broken down and I cannot afford to pay off the loan and get the vehicle fixed. i have told the loan company they can ha… read more
Lori
Lori
Juris Doctor
1,101 satisfied customers
If I just got awarded Conservatorship of our father only to
If I just got awarded Conservatorship of our father only to find out that all assests are in a trust which i am sucessor trustee . He finally signed and notorized statement turning duties over to me (… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,686 satisfied customers
Both names on loans and titles of vehicles. Divorce decree
Both names on loans and titles of vehicles. Divorce decree states I got one car and loan, he got other. I can not afford car and wanted it repoed. Exhusband took car. Wants me to sign off on title but… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
I currently have a personal loan (title is held not
I currently have a personal loan (title is held not registered with state) that is "defaulted" I'm not really sure of the status as the loan originator passed away and the loan is with his estate. My … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,287 satisfied customers
I took out a loan with a title loan company, I defaulted and
I took out a loan with a title loan company, I defaulted and they took my car. Legally what are my rights. Can I pay off the loan and get my car back. The loan was for $3,000 and the car is worth $30k… read more
Lori
Lori
Juris Doctor
1,101 satisfied customers
I took out a loan and used my truck title as security, Last
I took out a loan and used my truck title as security, Last night my truck was totaled, am I still responsible for the loan? I cannot salvage the vehicle as it is not mine to sell. Is it their respons… read more
Bill Attorney
Bill Attorney
law
2,042 satisfied customers
Have a question about debt collection on car title loan. NC
Have a question about debt collection on car title loan … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,287 satisfied customers
I helped a friend make payments on her car. A title loan. I
I helped a friend make payments on her car. A title loan. I paid over 2500. and paid it off. She was to pay me back after getting a job. She also moved into my home, and helped around the house. Her c… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,928 satisfied customers
If two parties are competing for conservatorship over an
If two parties are competing for conservatorship over an individual, do the courts assess these parties financial histories as part of the decision making process? … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x