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small claims and my daughter

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hbryant

Guest
my daughter had a 94 acura and she was going to let her friend take over the payments verbal her friend agreed to take over payments, couldnt afford them so she let her boyfriend make payments, she thought, actually he never made any payments and was 9 mos. behind when someone at the
loan co. finally called her and now he wont give her the car back, its still in the loan com. as a lien , he told her to meet him at the mall and he would give it back-well
he never showed and he called and said i need the car for work , she reported it embezzled or stolen and they cant find him , so i filed a small claim report as advised by a detective. will it do any good. how else can i retrieve this car? hes driving around in her car and no insurance. please help im lost ive tried every
thing. california miss tweety
 


JETX

Senior Member
1) How old is your daughter? If a minor, she can simply rescind the contract and refund any money paid and retake possession of the car.

2) Is your daughters name on the title, or yours???

3) Does she still have a key to the car?? If so and you can find the car, just take it back (SOMEONE has to know where the guy lives and/or works!!). IF you don't have a key, take the title to a dealer and get a key made and get the car.

4) What did you claim in your lawsuit?? Did you try to recover the car or the cost of the car??

5) If no one knows where the car is, how did the Defendant get served in your lawsuit??

6) Call your local police department and report the vehicle 'theft' (since your daughter actually gave permission, the PD may not accept the report).
 
H

hbryant

Guest
my daughters cat

my daughter
is 27 and she filed on the girl she gave the car too from the start and this jerk guy. we cant find him but she was served. the car is in my daughters name and the loan company, the loan co. is looking for him and the car. he is an escort for strippers that go to peoples houses. thats why he wont give the car back.
i will have a key made thanks for that advice I do have the registration for the car. my problem is this guy is not getting stopped or else they would keep the car for embezzlement.


thanks hey what happens if she shows up but not him?
 

JETX

Senior Member
From your post, it appears that the initial (only?) agreement in place was between your daughter and her 'friend' (presume this was the person served) who was to take over payments. Any subsequent agreement between the friend and her frient (the stripper escort) shouldn't have any relevance to the issue before the court... being the initial agreement. His showing up or not showing up shouldn't affect the court issue.
 

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