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HELP: Lawsuit Questions


ImpreziveWRX

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Thanks for the tips

 

I am going to his house tomorrow, then his family buinese in the afternnon.

I will call the bank and see what they can do to help.

 

I am sure I can sue him in a civil court and I will win.

I need to know if he own anything first though... like the house and the car

 

You can only sue him at a small claims court because of the amount of money involved. The best thing to do first is get a hold of the bike before anything happens to it.

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Here's what you need to do Tim in order:

 

1. call the bank that your loan is through and ask if your name is on the title along with his.

2. If the name is on the title then you have ownership the same as he does on the bike which then leads to option 3.

3. Find out where the bike is located and take it. Since you are an owner yourself it is not robbery nore theft.

4. Once the bike is in your posetion then its time to sale it and cut your loss's.

 

 

You wouldn't buy a house and pay the payment on it without living in it would you?

 

So don't pay for something your not riding. your basically paying his rent.

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Yes... I am scared...

I am scared of doing something I am not suppose to do...

Your "friend" wasn't scared of doing something HE wasn't supposed to do (shaft you). I would think talking with a local attorney familiar with your state's laws would be the best bet. It's gonna cost you some more dough though.

It is still ugly.
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If he's a co-signor, his name will not be on the title. He's merely a guarantor of the loan to the bank. If he takes the bike, he may be charged with theft which is probably a felony.

 

In California if you are a co-signer your name is in the title.

 

You can not file a "Release of Liability" until the title is clear of any bank liens.

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the bank could give two shits about the first guy not paying. they will not get involved in this and why should they? their money is guaranteed. bosco

 

+1

 

It's not the banks problem that the other guy is not paying.

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In California if you are a co-signer your name is in the title.

 

You can not file a "Release of Liability" until the title is clear of any bank liens.

 

Hmmm. Never heard of that. That's not the way it works in Indiana! All you get from co-signing is the liability on the debt. Are you sure you're not mistaking "co-signing" with joint debtor? Or does California law simply not allow co-signing?

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Here are some update.

 

I know for a fact my name is on the title cause I saw it.

I went to pay him a visit and this time I found him at home.

He said the payment was made as he promised and was mailed to the bank. (On 10-30-07)

I guess I need to wait few more days to see if this loan is paid off.

The amount that he discribed is exactly the remaining balanced that was updates only few days ago from the bank after I made the payment for him. So I will trust him for the very last time.

 

If the loan is paid, then I will collect the amount that I paid for him later.

I just want to make sure the major amount is paid off.

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You realize he could have just called and asked what the current balance was right? And then just said he paid it. And now he's probably in Mexico... by the way, how did he just suddenly pay off the whole thing? Did he discuss his sudden wealth with you? He couldn't even afford to get his own loan and now he's paying off the whole thing in ONE check? :iam::spin: Fishy much?
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I know its kinda fishy... but I think I know where the founds are comming from.

As far as the balance. Because I suddently showed up in the middle of his sleep, there is no way he can be prepared. And he is not the person will call the bank and ask for balance. So I guess I will wait and see.

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