Screwed by "friends"?

Question

A friend of mine took in some "friends" that were down on their luck. The INFORMAL agreement was that they would cover half the apartment rent, help out with food costs, etc. She even co-signed on a loan for a car for them so they could get back and forth to work.

She got home yesterday and they, their kid, most of their stuff, and the car was gone. Later, she found out that they most likely moved to Las Vegas, where the husband has relatives.

Ok, my question: Does anyone have any references on the web that would cover her legal rights and responsiblities? For example, if she paid off the car note, could she report the vehicle stolen? Also, I know that she's responsible for their abandoned property....does she have to hold on to it for a certain amount of time before she sells it to recover part of her loss?

My friend rocks, and I'd like to help her out as much as possible on this. She already realized what she got herself into, so no moral lectures please.

Yep, she found out this morning that they hadn't made the last payment on the car. She's planning on paying it off, regardless.

Russ: "No good deed goes unpunished". I think she finally realizes the truth in that statement.

Answer 1

i feel for your friend, she did something that most people would not do and got burnt for it

Answer 2

What she can and can't do about the car depends on if her name is on the title or not. You can co-sign for the loan without actually being put on the title as an owner, so if she doesn't know or remember, the first thing to do is to check without the financing agency to see if she was placed on the title or not. If she wasn't, there is nothing she can do, it's not her car at all legally - she's just responsible for the monetary part as much as they are.

If she is on the title, she needs to consult with an attorney in her state about what to do. In, some states, whether or not she can do anything also depends on how the title is worded, specifically if the words "and" or "or" were used between the owners' names. It's like that where I am - if the title says "and", both parties have to sign off on it to ever sell it, but if it says "or", either party can sell it without the consent of the other. So, again, find out if she's on the title and then consult an attorney accordingly.

Final note: paying the last payment will save her credit, but for everything else, it's probably not worth the time and expense it will create for her to pursue.

Answer 3

It sounds like the car is registered in the name of these people. Paying the loan isn't a good move. She's responsible if they don't pay, so I'd make sure the loan company knows where they went, and it's possible that taking the vehicle out of state violated the security agreement.

She's on the hook as a co-signer, but don't make it worse by volunteering to pay the note off. Let the lender repossess, auction it off, and see if they can collect from these deadbeats.

I'd store the personal property for at least thirty days, and a "reasonable" time after that, depending on the circumstances, including whether or not they evidence any intent to reclaim it.

Answer 4

Although she may be a cosigner on the loan for the vehicle, if it is not registered in her name she can not report it stolen. You cannot steal something you legally own and in this case if it is registered legally in the name of the former guests then they can't be held liable for theft of their own property. As far as the abandoned property she cannot legally sell these items to recover her losses. Every effort must be made first to locate them, send a registered letter explaining they have 30 days to recover their items or she will sell them. Worst case is if she has good cause to believe they are in the Las Vegas area place a notice in that cities newspaper with the same statement giving them 30 days or else.... Last, if they default on the loan the loan company will come after her for the payment regardless how the vehicle is titled. The only recourse after that is to sue in civil court to recover her loss up to the limits of liability for her particular state. Overall however, as I am not an attorney, my best advice is for her to consult one as it may be money well spent.

Answer 5

If she has a signed agreement with them, and she knows exactly where they are, she could sue them for any and all back pay for the rent and utilities. If the car is in her name, she can take out a warrant for the car being stolen. But, if she has no agreement, and the car is Not in her name, there is not much she can do, except take a loss and learn a good lesson. Also to, if her friends are that type, "smungers","LowLifes", then she will end up paying a lot of money for court cost and lawyers, only to find the courts will issue a pay order, but the scum can't pay it, so there, your friend still loses except it has costed her loads of money now. It's a situation where she needs to find out where they are, where they work, among other details, and then she may recover her losses. Smungers, lowlifes, and scum are hard to deal with. Good Luck.

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Answer 6

She should get all of her documentation together and figure out how much she can prove that they owe her, then sue them in small claims court. They will have to either return to defend the suit or lose by default. Once she has a judgment, she can put a lien on the car so that they can't sell it until they have paid her.

She does have to store their things, but she can also sue to recover any storage costs that she incurs. The time limit varies from state to state, so she should check her local laws.

Answer 7

2 isues. Car note; she co-signed. If the person she co-signed for has it, it's not stolen; one of the owner's has it. She'll recover if there is anything when they try and sell it and need her signature.
The balance is he said-she said unless she can produce documents. Even trying to get them to small claims court will be a hassle; as well as trying to collect. I'd sell the abandondened property. It was colleteral for the rent they skipped on

Sorry; I think she'd just be throwing good money after bad.

Answer 8

I'm not an expert, but I do think as co-signer of a car loan, the co-signer has some rights. I think. But, she really ought to consult a lawyer. They usually will give a free consultation visit.

the worst part is that they will probaby stop paying on the car loan, which leaves your friend at risk

Answer 9

if she signed for the car she can report it stolen, if she just was a Co-signer she is screwed esp if they ditch it later,

your friend learned a hard lesson, sounds like she is a great person that was very rudely and badly taken advantage of,

does she have a notarized paper from the people saying anythin about repayment, rent anything? if so she can go to small claims court,

Answer 10

as far as the car goes, no...it would have to be in her name. She is only financially responsible for it if the primary loanee defaults on the loan.

As for the property, I believe it has to be one year before she can sell it. However, if they moved out and the apartment is her name, I would think she can sell regardless due to possession. I'm not sure about this though.

Answer 11

Unless she was listed as an owner, she cannot report the vehicle stolen. I think you have to know where the car is to have it repoed, but only the loan owner can do that, not a cosigner.

All she can do is take them to reconciliation court, but she needs an address to have them served.