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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I believe that I am the victim of fraud. Last year I went

Customer Question

My name is ***** *****, and I believe that I am the victim of fraud. Last year I went with a friend for him to find a car, at the dealership he found one but needed a co-signer, I thought that is what I was doing. Even when my friend asked if he should be signing the paper first the salesperson said since Robert has the higher credit score he should sign first. Since I have never brought a car I just trusted him. I found out recently that the person I co-signed allow the car to be reposed. I found out because I had my credit run and saw that I had the car charged off, and asked for the original credit application to be sent to me, WOW I saw that it had my name as the applicant, my salary was way too high, my address was not my address but the address of the friend, so I never even test drove this car, but I am guessing they went ahead and register the car in my name, this is down right wrong and I want to know what I can do?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: CA
JA: What steps have you taken so far?
Customer: this is my first step, I asked the dealership for a copy of the credit application, however they are not calling me back.....I did write to the /financial place where the loan was carried and that is where the credit application came from
JA: Anything else you want the lawyer to know before I connect you?
Customer: I guess that is a start
Submitted: 8 months ago.
Category: Legal
Expert:  Josie-Mod replied 8 months ago.
Hi, I'm Josie, a moderator for this topic.
I've noticed you have not yet received a response to this question.
I wonder whether you're ok with continuing to wait for an answer.
If you are, please let me know. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 8 months ago.
I would like to hear what I legally can do. I will wait for an answer
Expert:  Legal Eagle replied 8 months ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Expert:  Legal Eagle replied 8 months ago.

I'm sorry to hear about your situation.

I hate to say this, but I don't see that there is an issue of fraud here. If you agreed to be the co-signer on the vehicle, even if your name was first, you would be responsible for making payment along with your friend. If your friend decided not to pay, then the bank could come after you for the money. The bank should have sent you notice that the payments were delinquent, but if the credit application had your friend's name on it, then it is likely that they got those notices and not you.

The only possible solution for you is against your friend if he promised to pay for the vehicle to you, but didn't. If that were the case, you could sue for breach of contract, but if they didn't make that promise, you won't have any recourse.

Expert:  Legal Eagle replied 8 months ago.

Sometimes, just settling the debt is the easiest thing to do. It doesn't always appear as if it's the easiest thing to do, but every single day lawyers across the country are explaining to their clients that if they just work on settling their debts in a way that makes sense for them and they are going to be in a better position in the long-term. In my experience, creditors will usually settle balances between 50-65% of the total balance. To facilitate your situation, there’s a site that I’ve used in the past where you can find a good template for debt settlement (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If you send this letter and they do not respond, then try sending it again to remind them that settling is really what resolving disputes is all about.

What other questions did you have for me today that I can help you out with:-)?

Customer: replied 8 months ago.
Thanks, ***** ***** the sales person my address just in case they needed something, my ex friend is no where to be found so I didn't get any notice, I thought as a co-signer and the: CODE TEXT
CIVIL CODE - CIV
DIVISION 3. OBLIGATIONS [1427 - 3272.9]
( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. )
PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273]
( Part 4 enacted 1872. )
TITLE 14. LIEN [2872 - 3081]
( Title 14 enacted 1872. )CHAPTER 2b. Automobile Sales Finance Act [2981 - 2984.6]
( Chapter 2b added by Stats. 1961, Ch. 1626. )
2983.35.
(a) If a creditor has requested a cosigner as a condition of granting credit to any person for the purpose of acquisition of a motor vehicle, the creditor or holder shall give the cosigner a written notice of delinquency prior to the repossession of the motor vehicle if the motor vehicle is to be repossessed pursuant to the motor vehicle credit agreement. The written notice of delinquency shall be personally served or shall be sent by certified mail, return receipt requested, or first-class mail, postage prepaid, directed to the last known address of the cosigner. If the last known address of the buyer and the cosigner are the same, a single written notice of delinquency given to both the borrower and cosigner prior to repossession satisfies the cosigner notice requirement of this section.
(b) A creditor or holder who fails to comply with this section may not recover any costs associated with the repossession of the vehicle from the cosigner.
(c) This section applies to any motor vehicle credit agreement, notwithstanding Section 2982.5.
(d) The following definitions govern the construction of this section.
(1) “Cosigner” means a buyer who executes a motor vehicle credit agreement but does not in fact receive possession of the motor vehicle that is the subject of the agreement.
(2) “Creditor” means a seller or lender described in paragraph (4).
(3) “Holder” means any other person who is entitled to enforce the motor vehicle credit agreement.
(4) “Motor vehicle credit agreement” means any conditional sales contract as defined in Section 2981 and any contract or agreement in which a lender gives value to enable a purchaser to acquire a motor vehicle and in which the lender obtains a security interest in the motor vehicle.
Expert:  Legal Eagle replied 8 months ago.

one moment...

Expert:  Legal Eagle replied 8 months ago.

Thanks for your patience Robert. If they didn't provide you with notice, then you could sue in court for a violation of the civil code. I have reason to believe that if they failed notify you, as they should have, then there is no way for you to have complied with the terms of the contract or made any settlement or payment.

What other questions did you have for me today that I can help you out with:-)?