For the past 13 months, I have been making payments on a 2003 Toyota Tundra. I took over the payments from a former friend and employer. All the payments are current and I have had the truck in my possesion the entire time. My problem is the truck is still in her name and for no reason she just came to my house with the xtra key and took the truck. If I go take the truck back, she will call it in stolen. What can I do?
2007-03-19 06:54:56 · 12 answers · asked by Gary C 1 in Cars & Transportation ➔ Buying & Selling
Well maybe I should have been a little more specific. The truck is not paid off, and I have been making the payments directly to capitol one from my own personal account and I can prove it. The insurance policy is also in her name but I have documents that prove that Im listed as a driver on the same policy. I have many many people who knows Ive had the truck and lots of pictures. The one thing I dont have is a written agreement between the two of us. I just dont see how a judge could see all the proof that I can provide and tell me that Im out of luck, just because I dont have a written contract with her. She has nothing that can says she has paid anything towards the truck since I took over the payments.
2007-03-19 09:39:20 · update #1
If her name is the name on the title and her name is on the loan there is not much you can do without taking it to court and proving that you have been making the payments, in which case you may only be able to recover the payments or might be told to be more aware next time. I am not sure you have much of a legal footing if all the paperwork is in her name.
Did you have insurance on the truck? That might help your case.
2007-03-19 06:59:08 · answer #1 · answered by amishhockeyguy 2 · 1⤊ 0⤋
If you have a written agreement with the "owner" of the vehicle, you can get it back. If you don't, you can still show proof of payment for this vehicle, copies of cancelled checks, money order stubs, etc. and take her to small claims court. You may take a bashing from the judge for not haveing a written agreement, but you still have a good chance at getting the vehicle back in your possession. Also note that if you make payments on any property that is not in your name, you can still add the item to all three credit bureaus by submitting the account information and proof of payment, you will have leg work on your endby reporting monthly,but at least it shows a payment history and it does help your FICO score. Good Luck
2007-03-19 07:03:34 · answer #2 · answered by Jewlz 2 · 0⤊ 0⤋
It was never your truck. If it was she would be the one stealing the truck. You got shafted big time by a smart and ruthless con.
When you enter into an agreement like this, you need a written contract, signed and notarized. The contract needs to specify who, what, and when. Who make the payments, who carries the insurance coverage, what happens if the payments are defaulted, and when does the truck tile get transferred.
The smart way would have been to get your own financing and buy the truck outright from her.
You got hosed buddy!
2007-03-19 07:08:29 · answer #3 · answered by yes_its_me 7 · 0⤊ 0⤋
You are probably out of luck and out of the money you paid for the last 13 months if;
-you don't have a written, signed statement regarding the transfer(who, why, etc.)
-you don't have any record that "you" made the payments.
Because she is still the registered owner, she has the right to take the vehicle in the absence of any documentation showing that you and she agreed to have you assume the payments.
Things that may help you if in your name:
-insurance documentation
-repair invoices
-inspection payments
-aftermarket items you purchased
-photos of you in the vehicle
-record of any trips you took with the vehicle
If you have ANY documentation regarding the fact that you and she agreed that you would assume the payments, you may be able to take her to small claims court.
Good luck.
2007-03-19 07:03:53 · answer #4 · answered by ken erestu 6 · 0⤊ 0⤋
Take her to court, you will have to prove the payments you made and be sure to have the proof of insurance in your name, the date that you put the insurance into your name etc. Load yourself with all the documentation to show that you had the vehicle in your possession and if you have any witnesses be sure to have them present or legal affidavit's. Good luck in your quest. You may want to add any extra cost such as taxi fair or rental car to your law suit.
2007-03-19 07:03:01 · answer #5 · answered by preshus 3 · 0⤊ 0⤋
The truck was still in her name ???? After 13 months???
It's her truck, she suckered you in. I assume it is paid off now, and she decided to pick it up.
Sorry dude, if you have the receipts, you may be able to get a lawyer, but that is going to be some more money.
I hope you have a bill of sale??? If so, then it might not be so bad, you could report it stolen yourself. I doubt they could do anything to her though, since it is still her truck.
2007-03-19 07:02:51 · answer #6 · answered by Fordman 7 · 0⤊ 0⤋
Present a copy of whatever agreement you have in writing along with the payment records to the local police and see what they say.
No written agreement? You're screwed. Her loan, her title, her vehicle.
Contact an atty and see if he has a suggestion or course of action.
2007-03-19 07:19:44 · answer #7 · answered by wizjp 7 · 0⤊ 0⤋
The 1st thing you should have done is had her sign the truck over to your name as soon as you took over the payments. I'm sure you can get it back...just not sure how to go about it.
2007-03-19 07:00:20 · answer #8 · answered by Bark at the Moon 6 · 0⤊ 0⤋
Unless you have a signed, dated, and notarized bill of sale, you basically just made 13 months of payments for the owner. Chalk it up to experience and move on.
2007-03-19 07:10:25 · answer #9 · answered by malemute1 4 · 0⤊ 0⤋
do you have any paper work or reciept of payments. if not your word agaist hers.did you take over payment threw company?
2007-03-19 07:01:37 · answer #10 · answered by bubba23111 3 · 0⤊ 0⤋