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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.

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Answered in 2 days by:
3/12/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,717
Experience: B.A.; M.B.A.; J.D.
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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.

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I am so sorry to read about your difficulties.

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Customer reply replied 5 months 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: 22,717
Experience: B.A.; M.B.A.; J.D.
Verified
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