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Am I screwed?? Need help Please

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usmc1313

Junior Member
What is the name of your state? CA

Hello everybody. I am new to this forum, and have come for some advice. Here is how the story begins. I found out last oct that I would be Deploying to Iraq in Feb 08 (i am a Marine). I recently found out i will not be leaving till Aug. A few months prior i had just bought a brand new truck, tacoma x runner. I tryed to sell it, but was having trouble being that i still owed so much. I made an arangement with some one to Take over payments untill oct 08, when at that time they would buy out the loan. We both signed a typed contract stating they would be paying me every month NLT the 25th, via electronic transfer and that full coverage Insurace must be maintained at all times. We had the Contract Notarized, so that it was legit. Once i had seen proof of insurance i turned over the vehicle. Since then they have been late on every payment, and have changed there # several times, and relocated to AZ. About two weeks ago, they called and said they were short on the payment and asked if they could pay it a week late. I disaprooved but gave them till the 1st of Feb 08. I am unable to get a hold of them on the 1st. I get a call on the 3rd, telling me theirs a problem. I told them the problem is i cant afford rent untill i get this payment, since i had already covered it to avoid it being late. He told me the car rear tires locked up and it was in an accident. THe dealer checks it out says there are no signs of any defect and when he started the car the wipers were on, leading him to believe that they lost control and hit a curb. All in all, the Damage is $4500. I contact the person who has had the vehicle and find out that he has not maintained insurance. He then asked if i could pay for the damage. I told him no way, and have not been able to get a hold of him since. I dont know what to do. I left a message on his voicemail letting him know i will be taking Legal Action. Can i sue him. or is since the title is in my name, am i screwed. Since I dont even know where they or the vehicle are for sure, can i report it stolen. What should I do?? Any advice will be greatly appreciated.
 


usmc1313

Junior Member
I have the # to the dealership. Assuming there adress is on file with them, i could probably get the dealership to give me there info. If not, assuming there are not far from the dealership, I know the vicinity of there location. Should i file a police report??
 

seniorjudge

Senior Member
If the title is in your name, you may file a police report if the cops will take it.

Don't be surprised if they tell you it is a civil matter and not a criminal case.
 

CdwJava

Senior Member
I have the # to the dealership. Assuming there adress is on file with them, i could probably get the dealership to give me there info. If not, assuming there are not far from the dealership, I know the vicinity of there location. Should i file a police report??
What kind of report do you expect the police to take? Aside from a collision report, or maybe citing the driver for not having insurance, there really is nothing the cops can do for you here.

If YOU have insurance on the car, you need to contact them immediately. My guess is that you do not. In that case, the car is a loss unless or until you can actually sue this guy in court and actually collect.

- Carl
 

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