How to get dismantled car from irresponsible ex?

[anonomyssy]

Jurisdiction

Wisconsin

My daughter, deeply in love in the moment, purchased a $40k+ vehicle on loan for her live in man/child. He decided it wasn't good enough, so modified it and it does (did) not run.

He left with another, yet this $700+ car payment remains. She does not know exactly where the car is, if its still in pieces, etc. Everything is in her name. He will occasionally throw a payment her way, but her credit is now trashed, and the bank (idiots for lending this amount to her, can we sue them for stupidity?) is pressuring her to report it stolen.

She does not want to see him go to jail as there is a child, (but he's not supporting the little one either).

She has requested he return it numerous times, he is evasive and manipulative, and no car. At this point we're willing to fix it ourselves and just sell it for what is possible...the loan isn't budging but the value is falling...What is the best course of action here? (if she'll even listen...)

 

[zddoodah]

her credit is now trashed, and the bank (idiots for lending this amount to her, can we sue them for stupidity?

I assume this question was intended to be facetious, but there's no "we" in this, and I assume you'd concede that your daughter was even more "stupid" for financing a vehicle she couldn't afford for a boyfriend.

What is the best course of action here?

Anonymous strangers on the internet are not in position to know what is "best" for someone we don't know. Since the car is titled in her name, one possible solution might be to get a duplicate key from a dealer and hire a private investigator to locate the car. Once she knows where it is, she can simply use her key to take possession of her car. Reporting the vehicle as stolen isn't a horrible idea. However, since the ex-boyfriend presumably took possession of the vehicle with your daughter's permission, there's a good chance that the cops won't get involved. Another option could be to contact the lender and as that it repossess the vehicle and offer to do whatever she can to help locate it. She may also want to consider consulting with a bankruptcy attorney.

 

[mightymoose]

The car is not stolen. Police won't help.

She can hire a repo company to locate and recover the vehicle, or she can get help from the court.

 

[anonomyssy]

I assume this question was intended to be facetious, but there's no "we" in this, and I assume you'd concede that your daughter was even more "stupid" for financing a vehicle she couldn't afford for a boyfriend.



Anonymous strangers on the internet are not in position to know what is "best" for someone we don't know. Since the car is titled in her name, one possible solution might be to get a duplicate key from a dealer and hire a private investigator to locate the car. Once she knows where it is, she can simply use her key to take possession of her car. Reporting the vehicle as stolen isn't a horrible idea. However, since the ex-boyfriend presumably took possession of the vehicle with your daughter's permission, there's a good chance that the cops won't get involved. Another option could be to contact the lender and as that it repossess the vehicle and offer to do whatever she can to help locate it. She may also want to consider consulting with a bankruptcy attorney.

assume this question was intended to be facetious, but there's no "we" in this, and I assume you'd concede that your daughter was even more "stupid" for financing a vehicle she couldn't afford for a boyfriend.

Considering my daughter was 20 years old with a part time job, unmarried, and the credit union is in the business of fiduciary responsibility the fact that she was given this loan is mind boggling...and highly irresponsible...but what do I know?

 

[anonomyssy]

I assume this question was intended to be facetious, but there's no "we" in this, and I assume you'd concede that your daughter was even more "stupid" for financing a vehicle she couldn't afford for a boyfriend.



Anonymous strangers on the internet are not in position to know what is "best" for someone we don't know. Since the car is titled in her name, one possible solution might be to get a duplicate key from a dealer and hire a private investigator to locate the car. Once she knows where it is, she can simply use her key to take possession of her car. Reporting the vehicle as stolen isn't a horrible idea. However, since the ex-boyfriend presumably took possession of the vehicle with your daughter's permission, there's a good chance that the cops won't get involved. Another option could be to contact the lender and as that it repossess the vehicle and offer to do whatever she can to help locate it. She may also want to consider consulting with a bankruptcy attorney.

Since the car is titled in her name, one possible solution might be to get a duplicate key from a dealer and hire a private investigator to locate the car.

You didn't read the question, the car is dismantled and she doesn't know exactly where it is, so picking it up, out of a garage on private property somewhere is impossible, trespassing, breaking and entering...etc.

Silly me I was looking for legal solutions as to what type of filings would be recommended, what does the law say, etc...

 

[army judge]

Since the car is titled in her name, one possible solution might be to get a duplicate key from a dealer and hire a private investigator to locate the car.

You didn't read the question, the car is dismantled and she doesn't know exactly where it is, so picking it up, out of a garage on private property somewhere is impossible, trespassing, breaking and entering...etc.

Silly me I was looking for legal solutions as to what type of filings would be recommended, what does the law say, etc...

The easiest, most obvious solution is the one your daughter eschews.

I suggest you convince your daughter to report the theft and vandalism of the vehicle to the appropriate law enforcement agency today.

Once she has done that, she needs to inform the lender, if she wishes to recover from this event.

Another obvious suggestion was to consider speaking to a BK attorney, that too, is another great choice.

 

[zddoodah]

Considering my daughter was 20 years old with a part time job, unmarried, and the credit union is in the business of fiduciary responsibility the fact that she was given this loan is mind boggling...and highly irresponsible...but what do I know?

I wasn't suggesting that it wasn't also stupid for the lender to give the loan, but I obviously didn't know all of the relevant facts to make a judgment about that (e.g., you didn't tell us that, at the time of the loan, your daughter was 20 and had only a part-time job).

You didn't read the question, the car is dismantled

I certainly did read the original post. You wrote: "She does not know . . . if [the car is] still in pieces." Therefore, for all she knows, it's in perfect running condition. I also read the word "dismantled" in the subject header of the post, but the more complete statement in the body of the post superseded that.

and she doesn't know exactly where it is, so picking it up, out of a garage on private property somewhere is impossible, trespassing, breaking and entering...etc.

I find this comment ironic given your criticism that I supposedly didn't read your original post. In my prior response, my suggestion about her using a duplicate key to take possession of the vehicle also included the suggestion that she "hire a private investigator to locate the car." It goes without saying that she can't take possession of something she can't locate or that the car might be in a location where taking possession is difficult or not reasonably possible.

Silly me I was looking for legal solutions as to what type of filings would be recommended, what does the law say, etc.

You asked two questions: a presumably facetious question about suing the lender for stupidity and a question about what the best course of action is. "What is the best course of action here?" is not limited to legal actions. I would have thought it went without saying that your daughter can sue her ex for possession of the vehicle. If she wants to go that route, she should consult with a local attorney.