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View Full Version : what can i do, please help!!



corndawg
08-22-2005, 10:38 PM
my dvx might be getting repoed. nothing i did wrong either. the guy my dad bought it off of (weve got the reciept from the guy and everything) never really "bought" it. his cousin bought it in his name because Ray had bad credit, and Ray was supposed to make the payments. well now that ray is behind quit a bit on his payments and his cousin is getting turned into collections for it he is pissed off, cant really blame him either i guess. he came by today before i went to work and tried to explain to me what was going on, of course i told him if he didnt leave the only thing he would end up with was an ass whoopin, but not a quad. he left and while i was at work explained it to my dad. i guess i cant blame the guy for wanting the money. and the finance company said if he could get the quad back they could take care of it some how. he is giving his cousin a month to get caught back up on the payments and then he is going to get the police involved, and then the quad would be repoed. so what can we do legally? i mean we've got the reciept from Ray and everything, but the quad was nevery really "his" so its kind of like stolen property isnt it??.....all i know is once this is ove with Ray will be getting his ass kicked by a minor (me) and then taking a trip to jail for hitting a minor

TeamGeek6
08-22-2005, 10:47 PM
Best thing legally is to not threaten him, every State in the country can put you in the klink for assault or menacing regardless of whether youre over 18 or not.

Its between your Dad and the cousin, you and Ray dont have much in it except posession for a time.

Id find out who actually owns it real quick before it can be reported stolen. That wouldnt look good on you, posession of stolen property and menacing. This kind of case is what a judge doesnt like to hear...

If ATVs in your State are titled vehicles, then it needs to go back to the owner of record until this is sorted out.

Bill X_R
08-22-2005, 10:50 PM
Not sure I follow it all, but sounds like giving him tjhe quad only after you get your cash back would be an option. I know it would suck, but its alot better than having the bank come and get your quad and then try and get your money out of ....Ray?

Good luck !

corndawg
08-22-2005, 11:03 PM
Not sure I follow it all, but sounds like giving him tjhe quad only after you get your cash back would be an option. I know it would suck, but its alot better than having the bank come and get your quad and then try and get your money out of ....Ray?

Good luck !
the thing is, there is no documentation saying that Ray ever owned it. his cousin has all of the original paper work and then weve got the reciept (with vin#) from Ray. his cousin dosnt want to have to take the quad, but he cant afford the payment (new house, baby on the way ect..). i guess i figured that the problem would be between Ray and him. but since i found out Ray never legally owned it that we could be in deep too :wondering . i guess we could always let his cousin take it, and then try to sue Ray for what we payed??

smokinwrench
08-22-2005, 11:32 PM
You might wanna buddy up with the real owner of the quad. If it has some good equity in it help him catch up on the payments, then you take over from there but I would want a notorized agreement with him at the very least.

Hopefully you can scare the other guy into giving you back some cash with a I'll call my lawyer story, but I'm guessing you'll never get a dime from him.

Goodluck

corndawg
08-22-2005, 11:46 PM
dad took it in on trade for his '72 nova. Ray always said he would get us the paper work. we did make him sign that receipt saying that we allowed him $4300 on the trade. and we put the vin# on it and everything. we do have somthing there to prove that it was legally in our possesion as far as we knew. his cousin dosnt want the quad back at all. he wants the payments to be made, Ray seems to come up with quick cash when he needs it. he best come through this time if he knows whats good for him

Banage
08-22-2005, 11:50 PM
BRING IT INTO YOUR HOUSE quick. if its in your kitchen it is a lot harder to repo steal

smokinwrench
08-22-2005, 11:51 PM
Then legally he never paid for the nova and you can repoe it

corndawg
08-22-2005, 11:53 PM
Then legally he never paid for the nova and you can repoe it
nova is long gone :cry: , he traded it for a big block camaro that had nothing going for it other than the motor :crazy:

corndawg
08-22-2005, 11:55 PM
BRING IT INTO YOUR HOUSE quick. if its in your kitchen it is a lot harder to repo steal
its locked up in our pole barn, parked behind a tractor (no keys in it) and walls all around.

Billy Golightly
08-23-2005, 10:33 AM
OK, so let me understand. Ray decides to take over payments on quad his cousin owns but no longer can afford to keep or doesn't have interest in it any longer. Ray sells/trades quad to you at full price unbeknownst to you that it is not paid off. Is this right?

The quick fix is to make 1-2 payments on it just so it dont repoed and then in the meantime be all over that dudes ass to get it paid completely off.

corndawg
08-23-2005, 10:10 PM
OK, so let me understand. Ray decides to take over payments on quad his cousin owns but no longer can afford to keep or doesn't have interest in it any longer. Ray sells/trades quad to you at full price unbeknownst to you that it is not paid off. Is this right?

The quick fix is to make 1-2 payments on it just so it dont repoed and then in the meantime be all over that dudes ass to get it paid completely off.
thats right, but Rays cousin never made any payments on it period. the loan is just in his name. weve already got ahold of Ray and asked what was going on and told him if he didnt get things straightend up he would be seeing us in court.

Ray was supposed to catch up on a couple of payments with his cousin here somtime in the next couple of days. when Ray makes the payment his cousin is going to make him sign a promisary (sp??) note saying that he has paid x amount and has x amount of time to pay the balance...and in the mean time i was told i cant touch the quad until this is all worked out. im gonna die without being able to ride :cry: