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S

sweety-pooh

Guest
I am in Alaska, here's what happened, I financed a car in my name for my ex-boyfriend. The car got keyed, my insurance policy is in my name but he is on it and since he was the one driving it at the time, the insurance company made the check payable to him and to the lienholder of the car. He went to his credit union and they cashed the check WITHOUT the signature of the lienholder, only his signature. They gave him the money ($2200)and he went on to spend it on god knows what. didn't fix the car, didn't put the money towards the loan, and now I owe more money on the car then I can sell it for. I went to his bank, they wouldn't help me, I went to the lienholder and they won't help me, and I went to my insurance company and they won't help me either. SOMEBODY is gonna repay me that money, and my ex is a broke loser. I think I should get it from his credit union and they can get it back from him. but I don't know how to get them to work with me. Do I have a case? I don't have the money to hire a lawyer, but if I know I have some kind of legal advantage over them I can do it myself. Help me please! nobody else will!
 


JETX

Senior Member
So often in today's world of instant gratification, we make phone calls which get us nowhere. Since your post doesn't say anything about how you "went to" the various parties, have you written them??? What was their response when you gave them the details, especially that the CU had accepted the check.

If you have written all parties and received written responses, you should have at least some documentation to support your claim.
1) Do have a copy of the front and back of the check?
2) What did the CU say about their accepting the check??
3) What did the insurer say about them giving the check to the 'ex' when the title is in your name?

Now, if you have gotten answers to all those, you should consider the following:
1) Credit Union: Even though the CU violated their fiduciary responsiblity in accepting the check, since your name is not on it, I don't believe they have any liability to you (there is no contractual basis).
2) Your 'Ex': Though he ended up with the money, since the check was in his name, it isn't theft and it isn't fraud (unless he altered or forged the lienholder). The only possible cause of action that I can think of against him would be 'unjust enrichment'.
3) Insurance Company: Since they issue the check to a person without title to the vehicle, it sounds like you should be pursuing them. Unless there is some provision that the 'ex' is a co-owner or on the title, in my opinion, it was their mistake in putting his name on the check.

My suggestion: Once you have the paperwork together, go ahead and party all of them. Let the pre-trial facts and discovery sort out the case.
 

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