Legal Question in Credit and Debt Law in California
collecting property
An acquantance of mine (A) let somebody (B) use his name to finance a car because the person who needed to buy the car didn't have a sufficient credit and lenders refused to provide financing because of his insufficient credit.
(B) made the car payments on time for several months and then he started making late payments and currently he's stopped making payments and (A) started to get calls from the collection department and (A) now has a late payment and a past due record for this automobile account on his credit report due to (B)'s refusal to make the payment.
(A) demanded that (B) make the payments on time but (B) refuses to do so blaming his financial situation. Then (A) demanded that (B) surrender the car (the car's in (A)'s name) so (A) can sell the car and get rid of the financing. However, (B) refuses to surrender the car.
What do you suggest that (A) does... what legal options does (A) have? Please help...
3 Answers from Attorneys
Re: collecting property
The car being in A's name, there is basically nothing your friend can do. He participated in a fraud against the bank and the law will do little to help him straighten it out. This was a foreseeable consequence of what he set up.
Re: collecting property
Have "A" get the car from "B." As was mentioned, use the cops if necessary. "A" will have to start paying, especially if "A" allowed "B" to use "A's" name. The sooner "A" gets his car back, the better. The car is owned by "A," if "B" refuses to turn it over, "B" is breaking the law.
Re: collecting property
If the car is registered in A's name, A should call the cops and tell them that B has A's car and refuses to return it.
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