Need legal advice on car

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  • slaterd
    E30 Mastermind
    • Jul 2011
    • 1731

    #16
    I told my wife before we got married. It just sucks having to contact her. I read the same about me being legally responsible and no there shouldn't be insurance under my name. If there is then there's going to be a huge problem considering I didn't give consent and my insurance isn't covering it.
    Originally posted by Wh33lhop
    This is r3v. Check your vaginal sand at the door.

    Comment

    • mrsleeve
      I waste 90% of my day here and all I got was this stupid title
      • Mar 2005
      • 16385

      #17
      who said you have to see her every month to get money. You have an address and the post man comes to it every doesn't he...



      I get your point you dont want to enable your ex I get it I do. Was just thinking that there might be a way 2 adults can be honorable and work something out with having to involve the cops or the state thats all
      Originally posted by Fusion
      If a car is the epitome of freedom, than an electric car is house arrest with your wife titty fucking your next door neighbor.
      The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money. -Alexis de Tocqueville


      The Desire to Save Humanity is Always a False Front for the Urge to Rule it- H. L. Mencken

      Necessity is the plea for every infringement of human freedom. It is the argument of tyrants.
      William Pitt-

      Comment

      • Jorgen
        Grease Monkey
        • Aug 2011
        • 320

        #18
        how much can she still owe on this thing anyway? Make her pay the fucking thing off.

        If she has paid the whole time on it I wouldn't try and take it back. But I also would never leave a loan in my name without actually owning the car. I would threaten that she needed to refi or I would find an attorney to make her give it back (without the intention to do that).
        2011 JGC daily, 1985 944

        Comment

        • Jorgen
          Grease Monkey
          • Aug 2011
          • 320

          #19
          Originally posted by slaterd
          I told my wife before we got married. It just sucks having to contact her. I read the same about me being legally responsible and no there shouldn't be insurance under my name. If there is then there's going to be a huge problem considering I didn't give consent and my insurance isn't covering it.
          A bank loaning on a car here would never allow you to not have insurance with the loan holder as a listed person. At least every car I have had loans on was that way.
          2011 JGC daily, 1985 944

          Comment

          • slaterd
            E30 Mastermind
            • Jul 2011
            • 1731

            #20
            New development:

            I just contacted my insurance provider and asked them if I had 2 policies using my name and social security number. Had a hunch the insurance was under my name, since it has to or it will be in violation of the financing agreement and will be repossessed. She used my name and social to put my name on an insurance policy for the car without my consent.
            Originally posted by Wh33lhop
            This is r3v. Check your vaginal sand at the door.

            Comment

            • Axxe
              No R3VLimiter
              • Aug 2004
              • 3355

              #21
              Originally posted by slaterd
              New development:

              I just contacted my insurance provider and asked them if I had 2 policies using my name and social security number. Had a hunch the insurance was under my name, since it has to or it will be in violation of the financing agreement and will be repossessed. She used my name and social to put my name on an insurance policy for the car without my consent.
              The truly worrying thing is that you have had your ass hanging out waiting to get fucked for so long and just realized it. You have to contact her and talk about like adults, figure out what you can do, $4k isn't that much to refinance even on a personal line of credit, under her name of course.


              Keep it slideways!!

              Comment

              • ST1G
                R3V OG
                • Oct 2012
                • 6689

                #22
                Originally posted by slaterd
                New development:

                I just contacted my insurance provider and asked them if I had 2 policies using my name and social security number. Had a hunch the insurance was under my name, since it has to or it will be in violation of the financing agreement and will be repossessed. She used my name and social to put my name on an insurance policy for the car without my consent.
                Contact a real lawyer (not a r3v one) so you can actually know the best course of action so that you're not all tangled up with this shit for the next 3 years. It should only be a few hundred dollars and the consultation should be free.

                If you're still in school there is often free lawyers/legal advice available to students.

                Her using your SSN is a criminal offense. No matter what you do, if you don't do it just right she could lawyer up and end up screwing you over big time.

                It's an all around shitty situation.

                Comment

                • slaterd
                  E30 Mastermind
                  • Jul 2011
                  • 1731

                  #23
                  I don't understand how this could come back and bite me in any way though. Her namr is nowhere near the car. I am the only owner. Hell I have to re-register it! I'm finding it too risky to allow this to proceed. I'm going to get the documentation from the insurance company, contact a lawyer for advice on what to do, contact my lender and tell them I'm changing all billing information and request a police escort to repossess my car. If she tries to take me to small claims I'll argue that the amount of wear and mileage has depreciated the value of the car more than she has paid...I will also press charges for identity theft. Thinking about what her and the guy driving my car put me through while I was living with them ....I don't want to be adult about this .
                  Originally posted by Wh33lhop
                  This is r3v. Check your vaginal sand at the door.

                  Comment

                  • ST1G
                    R3V OG
                    • Oct 2012
                    • 6689

                    #24
                    Originally posted by slaterd
                    I don't understand how this could come back and bite me in any way though. Her namr is nowhere near the car. I am the only owner. Hell I have to re-register it! I'm finding it too risky to allow this to proceed. I'm going to get the documentation from the insurance company, contact a lawyer for advice on what to do, contact my lender and tell them I'm changing all billing information and request a police escort to repossess my car. If she tries to take me to small claims I'll argue that the amount of wear and mileage has depreciated the value of the car more than she has paid...I will also press charges for identity theft. Thinking about what her and the guy driving my car put me through while I was living with them ....I don't want to be adult about this .
                    Do it.

                    Comment

                    • agent
                      Vice Grand Pubaa
                      • Mar 2010
                      • 7960

                      #25
                      Originally posted by slaterd
                      I don't understand how this could come back and bite me in any way though. Her namr is nowhere near the car. I am the only owner. Hell I have to re-register it!
                      Right - it's YOUR car. YOU are financially responsible for the car and any damages caused by it, especially in light of the fact that the insurance is in YOUR name too! If she does any damage to persons or property, you are fucked. Lawyer up, and quick.
                      Originally posted by kronus
                      would be in depending on tip slant and tube size

                      Comment

                      • Swanny
                        R3VLimited
                        • Mar 2012
                        • 2834

                        #26
                        Swanny!
                        SUCKERS.

                        Comment

                        • slaterd
                          E30 Mastermind
                          • Jul 2011
                          • 1731

                          #27
                          ok....what kind of lawyer
                          Originally posted by Wh33lhop
                          This is r3v. Check your vaginal sand at the door.

                          Comment

                          • Thizzelle
                            R3V Elite
                            • Oct 2008
                            • 4422

                            #28
                            quoted because I say this all the time and one of the best shows.
                            Originally posted by Swanny
                            "I wanna see da boat movie"
                            "I got a tree on my house"

                            Comment

                            • ST1G
                              R3V OG
                              • Oct 2012
                              • 6689

                              #29
                              Originally posted by slaterd
                              ok....what kind of lawyer
                              I would start with a Contract Law attorney. Since what really happened here was you engaged in verbal (possibly written) contract with your ex. As well as with the bank/financing company.

                              To mitigate the cost of the attorney you should get all the paper work you can from the bank, and insurance company as well as any 'contract' you have had her sign (if applicable.) Take that with you to the consultation, should cut down the billable time.

                              I hope you've learned your lesson. I know it sounds like I'm a dick but I wouldn't even co-sign for my brother (who is infinitely more responsible) and I would expect the same from him. Loaning money/credit to friends or family is almost always more trouble than it's worth. It just leads to soured relationships.

                              Comment

                              • slaterd
                                E30 Mastermind
                                • Jul 2011
                                • 1731

                                #30
                                http://www.avvo.com/legal-answers/ca...to-283987.html

                                " Read the note and/or the Installment Agreement that you signed at the time that you bought or financed the car. These legal documents will tell you whether you have the right to transfer or assign the obligation on the note. My guess is NO. If you start messing around with the documents you might find the lender giving you problems. Also, enforceability will be a problem for you if the do-it-yourself documents are found to be invalid when [not if] the new person starts missing payments.

                                If you can not afford the car, you might possibly consider either trading it in, or a bankruptcy consultation.

                                This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies."

                                I just contacted my lender and they said they do not allow it so the "contract" I made with her was never valid. I told them that I realized recently that what was done was a violation of the initial agreement between me and them but I was looking into rectifying the situation by either having her refinance [psh!] or repossess my car. They said as long as you are able to show that, yes, you fixed the situation and continued with the original agreement then there won't be a problem.
                                Originally posted by Wh33lhop
                                This is r3v. Check your vaginal sand at the door.

                                Comment

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