Legal Question in Credit and Debt Law in California

collections

I am cosigner on a loan which they forged my signiture to- they have stopped payment and I have been paying for months so my credit is not hurt. Do I have legal right to take the car without it being registered to me, and how would I do it.


Asked on 7/10/08, 12:19 pm

1 Answer from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: collections

If you take the car you could be ratifying the contract you did not sign. Getting registration in your name would be another hurdle. If you contact the creditor and inform it that this is a case of identity theft, the creditor cannot report you to credit bureaus, but you would be required to file a police report alleging forgery, a felony.

It sounds like you may be protecting the person who stole your identity. Your other option would be to file a civil lawsuit. It is possible the court could award you title to the car as damages.

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Answered on 7/10/08, 5:10 pm


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