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Tricked big time

Guest
HELP!!! I helped a friend buy a truck so we are co owners with my name being first on the note I was the one with the credit and job. We now are not on good terms, and not supposed to have any contact with each other. I have been making the insurance payments since she won't She has told me I would be liable if she wrecked the truck. The tags are going to expire this month I sent the bill to her and found it in front of my house.She has been delinqent on the loan several times and within days of repossion. What kind of recourse do I have? I know in divorce cases property disputes have to be settled could I take her to court and force something done to have myself removed from the lien and the title. Or what else can I do. Please help..
 


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Tracey

Guest
Do you have keys? Take the car. It's legal because your name is on the title. (KRS 514.020(1)(b)) If you don't have keys, call a locksmith to make a key or rekey the car (have your title/VIN & picture ID ready). Then drive the car to the courthouse and apply for a temporary restraining order forbidding her from taking the car back & setting a hearing date to determine ownership of the car. Serve her properly.

The court will set a hearing within 10 days or so to determine who owns the car. If you've made all payments & paid for tabs and insurance, the court will find that you own more than half. The court will either set the amount you have to pay to buy her out, or order the car sold and divide the proceeds. (Partition by sale.) If the car is sold for less than the lien amount, you will both be responsible for the deficiency judgment. Make sure you get a judgent against her for her share of the deficiency amount so you can garnish her wages. She's certainly not going to pay you voluntarily.

The law librarian in the courthouse law library should be able to help you find sample forms for the TRO, summons, petition, order to show cause, etc.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 
S

Shalzl

Guest
How about Small Claims Court? I had the same problem one time, I sent him a certified letter and threatened Small Claims. It was taken care of in THREE DAYS by him!!!
 
T

Tracey

Guest
Small claims is good, but possession is nine tenths of the law. If you want someone to resolve a situation, try to put them in a position where they have to act to protect their interests. By taking the car _first_, you force her to deal with you or find new transportation.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 

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