Legal Advice for a vehicle loan default

Blue

Well-known member
Mar 26, 2004
10,070
881
AZ
dent said:
i don't think that taking him to small claims court will do anything as it'll be a case of he said she said and the judge will have not proof that he agreed to make the payments. All he'd have to say is that it was a gift.
take care
sam

it wouldn't be small claims - too much $$$$ involved. and you've been watching too much court tv...
 

scubaman99

Well-known member
Jun 7, 2004
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Sunnyvale, CA
www.keepmedia.com
get it reported STOLEN now...

That way IF some thing (god forbid, someone is injured) happens she has taken the first step to legally seperate her from this guy. reporitng it stolen may not completely sever her liability but it clears up an question of intent

Also, maybe she gets lucky and this guy gets tagged by a cop... atleast now the cops handle the psyudo "reposession". sure she may pay impound fees...but that is a LOT less then any liability that she will pay should someone get injured... including the ex BF.

i think folks are rightfully concerned with her credit... but believe me, a late payment on a credit report is going to PALE in comparssion to a $200K judgement handed to her by a court of law when the injured parties sue her for damages

Remember she owns that bike... regardless if she is a straw buyer or not... ultimately the liability is HERS

:eek:
 

scubaman99

Well-known member
Jun 7, 2004
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Sunnyvale, CA
www.keepmedia.com
AndyThoma said:
I'm not sure she can be escorted by the police without a court order--which isn't small claims court. My wife and I sat down with her tonight and she agreed she needed to get the bike back without notifying him. We're planning Asset Recovery shortly.


Hey Andy, not sure about your local police dept policy, BUT here in CA you can call your local Sherrif's dept and ask for a "Public assist" in matters like these. obviously these calls are low priority and in a big city it may take a LONG time for them to respond... but that is one of the Duties of being a Sherrif
 
D

dent

Guest
Blue said:
it wouldn't be small claims - too much $$$$ involved. and you've been watching too much court tv...
nope.. don't get court tv here... and for that matter don't even have cable or a dish :)
take care
sam
 
A

AndyThoma

Guest
I do not understand the insurance situation either. I think Utah would require the title and insurance to be in her name too. But the loan is through a credit company, not honda of america or the dealer. So I doubt the dealer cares, and the don't know what the credit co. thinks.

As for being stolen, good point on liability, I have to call the police again to ask about that. Seeing as she has no idea on the status of the insurance, it could be a big problem.

After driving by the house last night to check out the bike it might be harder to get than I want it to be. I didn't see the bike first off, maybe he was out with new GF? Also I realized I need to wait till after MAR so I can get a certain MARshall to bring his gun(if he can find it).
 
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AndyThoma

Guest
Well good news, the bike is back in her possession. I told her about the liability concerns of not knowing the status of his insurance; it made her comprehend the need for urgency in getting it back. We called the police and they told us we could file a breach of contract order against him to force him to return the bike in 14 days or face theft charges. In the mean time we looked for the bike to take it back. Issues were we didn?t have a key for the ignition, nor could we find the bike. But we did find a shed locked and with a ramp in front of it and assumed it located inside. We meet with one of the fine officers of the SLC police force to file the breach of contract report. He offered to talk to the BF to help him see what this was becoming from his refusal to talk to my friend and let him understand the consequences of his actions. In short order we went to the BF?s work, where he was working, and had him paged to give him the opportunity to talk with the officer. The BF saw the correct course of action and returned the bike from the locked shed. Turned out the BF says he had insurance for it, but didn?t have a motorcycle license. According to the BF the check was in the mail. She is giving him one week to find his own financing to buy the bike from her. She also has to receive payment for the past dues in a week. Funny things of note; the bike has had some aftermarket parts put on to it, exhaust and header, front fairing, front turn signals. He gets to lose those. :) She said she might want to learn to ride it, or she?ll trade it for scooter. Or she will sell it outright. Only bad thing was we couldn?t throw eggs at his house. :(
 

Blue

Well-known member
Mar 26, 2004
10,070
881
AZ
AndyThoma said:
....Funny things of note; the bike has had some aftermarket parts put on to it, exhaust and header, front fairing, front turn signals. He gets to lose those. :)

now it's her turn to play him....she should lead him on like she'll sign the bike over to him if he can arrange financing. In the meantime he must make good on past & current payments. Maybe even get him to make an advance month's good faith payment. While she's playing him and squeezing the past due out of him, she should be making arrangements to sell the bike, along with the aftermarket parts. Once he's current with payments and he's ready to assume to loan, she can tell him, "Sorry Charlie." When he bitches about losing his aftermarket parts investment, she can just play dumb. No court in the land will sympathize with this chump.
 
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AndyThoma

Guest
When I found out about the no licence thing I said we need it back tonight. She had enough. I don't think she would be strong enough to screw around with him. She's just wants to move on. I need to get her hooked up with an upstanding LR driver, that would not take advantage of her good nature of course.
 

Blue

Well-known member
Mar 26, 2004
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AZ
I'm a nice guy and single. And I don't want a woman to buy me a motorcycle.
 

Trey & Melissa Burns

Well-known member
Apr 20, 2004
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Texas
discoweb.org
Andy - she is fortunate to have a good friend like you and your wife.
I'm glad to hear she got the bike back.
Hopefully she learned her lesson and will not be a push over next time her new beau wants her to buy something for him.
 
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AndyThoma

Guest
Blue said:
I'm a nice guy and single. And I don't want a woman to buy me a motorcycle.

Well she's mid 30's, quite a nice woman, and now owns a motorcycle, but the whole thread about dogs and blonde wigs has me concerned. :)
 

Blue

Well-known member
Mar 26, 2004
10,070
881
AZ
AndyThoma said:
Well she's mid 30's, quite a nice woman, and now owns a motorcycle, but the whole thread about dogs and blonde wigs has me concerned. :)

that wasn't me...honest.
 
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AndyThoma

Guest
Trey & Melissa Burns said:
Andy - she is fortunate to have a good friend like you and your wife.
I'm glad to hear she got the bike back.
Hopefully she learned her lesson and will not be a push over next time her new beau wants her to buy something for him.


I hope so too! Judging by how betrayed she felt yesterday, I don't think that will ever happen again.
 
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NorCalDiscoII

Guest
AndyThoma said:
I need to get her hooked up with an upstanding LR driver, that would not take advantage of her good nature of course.

...wrong forum Andy. I think you are looking for www.LR4x4_HomeCooking.org site :D

I'm sure a girl who rides a sportbike will have no issues "moving on" ... nothing like a girl on a bike :cool:
 

RoverChic

Well-known member
Apr 19, 2004
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den Haag
I'm a nice guy and single.
Watch out ladies...Blue's on the trail for some fresh meat.

Some how I find it HARD to believe that you are a "nice" guy after the BITCH thread. It only reiterates the fact that you are yet another *typical male*. Sounds like u would be perfect for Andy's friend. Its obvious she is push over ( sorry Andy please no offense)... You could probably call her a bitch when ever you wanted :rolleyes: (and she unlike other women would probably nod and smile - I on the other hand would slap the shit out of you :cool: -As I am sure most women on DWeb would agree). :D :D

The RoverChic