Ok here is the scenario my father-in-law had a new car that he was making payments on. He ran into some financial difficulties and couldn’t keep up the payments. He let his nephew have the car as long as he kept up the payments. The nephew then made a signal payment, and disappeared off the face of the earth without making any more payments or staying in touch with the family. (Disappearing is not unknown for him so we are not worried about his welfare.) They had nothing in writing this was all done on a verbal agreement. Now my father-in-law has to deal with a collection agency. This was defiantly not one of the smartest things he has ever done.
The car loan is form OH and the car was last seen in TX. I suspect his only choice to call the police and report it as stolen. What recourse does he have?
if i was him i’d wait until the collection agency called, and tell them I wasn’t going to pay them, and the could come reposess the car if they wanted to. (of course, then he has bad credit to worry about)
eggo
I would definitely report it to the police and try to explain the situation to the lender. Not only because of the payments but because he is still liable for any damage that car does. What he did was not the smartest thing. If the nephew runs over an old lady, guess who’s liable?
Depends where you are> Call the local bar assn, you can talk to a lawyer for $25.00 for a half hour.
he should only report it as stolen if he is willing to press charges against his nephew…if he isnt, well, police will say “tough luck”
He going to see a lawyer soon (on another matter). I expect he is going to talk to him about the car as well. Still he has a tough choice if it comes down to pressing charges.
I don’t know that a lawyer can help much. I mean your father-in-law is on the hook for the car; I don’t see how he could possibly talk his way out of that.
It seems the choices are:
- Report the car stolen to the police. It is stolen, after all. Be prepared to turn in the deadbeat nephew and brace yourself for associated family pain.
- Find some way to cover the payments until idiotboy returns, then sell the car.
Who is close to idiotboy? His parents, wife, other? Do they know where he is, when he might be back, etc.? Are they willing to cover the payments until he returns?
If it were me, I’d turn him in. The kid brought it on himself and he had to know the financial and emotional pain he was putting on his uncle. Sounds like the kid needs to see more consequenses for his actions anyway.
But the car is not stolen. Your father sold him the car and gave him the keys. The nephew has breached his contract with your father.
Ohio and texas says it all. Altho I was assuming an arkansas would be in there somewhere…
Eh?
billehunt said
This is part of the problem, no one is close to him right now and we don’t know where he is. The fact that he going to see a lawyer on another matter is part of why he tried to sell it in the the first place
spooje said
This is part of why he is going to see his lawyer.
Damn clicked the wrong button ment to preview.
billehunt said
This is part of the problem, no one is close to him right now and we don’t know where he is. The fact that he going to see a lawyer on another matter is part of why he tried to sell it in the the first place, the lawyer fees are starting to build up and he can’t aford a new car.
spooje said
This is part of why he is going to see his lawyer, he is not sure of how to begin a repo.
I think the car is stolen. Here’s how.
Uncle made a conditional sale to idiotboy. The condition was that idiotboy assume Uncle’s debt. Since idiotboy breached the contract, he did not “buy” the car, and know has in his possession an automobile that does not belong to him. Ergo, theft.
V.
I thought I’d throw my two cents in. Keep in mind though, that I’m in the Great White North, and our insurance laws and such are substantially different. Plus, it’s hard to steal our dogsleds without the dogs raising a fuss. 
If your father in law and Idiotboy had only a verbal contract, this may be difficult to substantiate in any court proceeding. Idiotboy may claim that he “thought” your father in law loaned him the car. Although, since he did make a payment, this can be argued against.
Unless you have a bill of sale signing the car over to Idiotboy, your father in law is still the legal owner, and therefore, financially responsible for the vehicle. Also, some leasing companies leave you on as a guarantor, keeping you financially responsible even after a sale.
Further, and this may be different from state to state, since Idiotboy has the car with your father in law’s permission, your father in law MAY be responsible for any claims Idiotboy causes. I’d speak to your insurer as well, pronto.
Good luck getting the car back. And give Idiotbot the many handed bitch slap of Vishnu if he ever shows up again.
The kid disappeared & you didn’t file a missing persons’ report? Hmmmm.
Read the OP its not unusual for him to disapear and thr kid is 38 yrs old.
38 going on 16 it seems to me …