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Mr. Blank and his company TOP INDUSTRIES were supposed to…

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Mr. Blank and his company...
Mr. Blank and his company TOP INDUSTRIES were supposed to be sell two motorcycles for me and a car.I live in Florida. Mr.Blank sold my vehicles but he breached the contract by not making the payments as agreed to the finance. He had his nephew drive my car and motorcycle prior to "selling" them. His nephew received a speeding ticket and was involved in an accident in my vehicle which Mr.Blank attempted to conceal from me and my wife.His nephew also dropped the motorcycle,and someone stole the other motorcycle from Mr.Blank. Now I owe the creditors several thousand dollars. Mr.Blank explained to me that one of the motorcycles was sold,but he didn't know the whereabouts of the buyer and was unable to retrieve any payments nor was he able to retrieve the motorcycle. I reported this motorcycle stolen,but was told by the Marion County Sheriff that there was nothing they could do,and it was a civil matter. I was able to get one of the motorcycles back, but it had body damage while in his nephew's care.The car was eventually repossessed by the bank at his property.Now the bank is coming after my wife for the remaining balance after it was auctioned off. Mr.Blank has used different names for his company to include HANOVER FINANCIAL ,and NAUT BATH.
is there anything I can do to get my motorcycle back and help to store my credit?
Submitted: 6 years ago.Category: Writing Homework
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3/10/2012
Writing Tutor: Fran-mod,
 replied 6 years ago
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Customer reply replied 6 years ago
Hi, yes I'm still waiting on a answer. My wife and I are wondering if we have case or not
Writing Tutor: Fran-mod,
 replied 6 years ago
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Writing Tutor: sojlaw,
 replied 6 years ago
sojlaw
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*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.

Mr. Blank and his company TOP INDUSTRIES were supposed to be sell two motorcycles for me and a car. So you had a contract with him, either verbal or in writing, to do this, in return for a fee or commission, yes?

 

I live in Florida. Mr.Blank sold my vehicles but he breached the contract by not making the payments as agreed to the finance. He had his nephew drive my car and motorcycle prior to "selling" them. His nephew received a speeding ticket and was involved in an accident in my vehicle which Mr.Blank attempted to conceal from me and my wife.His nephew also dropped the motorcycle,and someone stole the other motorcycle from Mr.Blank. Now I owe the creditors several thousand dollars. Mr.Blank explained to me that one of the motorcycles was sold,but he didn't know the whereabouts of the buyer and was unable to retrieve any payments nor was he able to retrieve the motorcycle. I reported this motorcycle stolen,but was told by the Marion County Sheriff that there was nothing they could do,and it was a civil matter. What this means is that they realize you had a contract with Mr. Blank, and now you are alleging he failed to fulfill his contractual obligations. That is a civil matter on its face - and usually not considered criminal - although let's face it, you and I know that he his wrong IS seemingly like 'theft' since he wilfully converted your property to his own use, for however long. But in any event, when there is a known contract, the authorities shuffle it off to civil court, where breaches are handled.

 

I was able to get one of the motorcycles back, but it had body damage while in his nephew's care.The car was eventually repossessed by the bank at his property.Now the bank is coming after my wife for the remaining balance after it was auctioned off. This means she was one of the borrowers of the financing AND she forgot to pay off her loan.

 

Mr.Blank has used different names for his company to include HANOVER FINANCIAL ,and NAUT BATH.
is there anything I can do to get my motorcycle back and help to store my credit?To restore your credit, you MUST pay your debts OR get them discharged in bankruptcy - in time after doing so, your credit will start to improve. But here, you apparently flat out breached YOUR agreement with your lender by not paying your loan. So the consequences are, well, bad credit, plus, you will likely get sued by your lender. Your resolution ALSO includes suing Mr. Blank outright for ALL of the damage. If his breach made you lose the value of 3 vehicles, you can sue him for that. I'd start that sooner rather than later, since they can take some time - and once you successfully get him to pay up after you get your judgment against him, that may make it easier to pay off YOUR debt to your lender. But either way, you will want to pay that lender as soon as possible if you want that bad credit situation to be resolved.

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State/Country relating to Question: Florida

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Customer reply replied 6 years ago
Relist: Inaccurate answer.
not accurate answer
Writing Tutor: sojlaw,
 replied 6 years ago
The answer is 100% accurate. If you are confused by the answer, please use the more appropriate "reply" function, not the inappropriate "relist" function which may only serve to delay any further assitance if you need further explanation of your situation. And, if that is the case, please do take the time to specify what you are confused by, so that we may help you on that specific. Thanks!
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Writing Tutor: sojlaw,
 replied 6 years ago
Incidentally Mike, is this a homework assignment?
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Customer reply replied 6 years ago
I'm sorry I don't have bad credit. I settle 2 of the motorcycles for lesser amount. I just want to know how would I go about suing this company for scamming me out of my money. it's not seriuos enough for me to file bankruptcy. Thank you
please pass me to another lawyer
Customer reply replied 6 years ago
Relist: Inaccurate answer.
I dont need to file bankrupcy
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