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I don't know what to do

Discussion in 'Drivers License, Vehicle Registration' started by fastdreamer, Oct 11, 2017.

  1. fastdreamer

    fastdreamer Law Topic Starter New Member

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    Jurisdiction:
    Louisiana
    I live in Caldwell Parish. I borrowed $250 from a friend to pay a light bill. I used my 4 wheeler as collateral or god faith. This person would not answer the phone so I could make arraignments to pay him back. He has since produced a bill of sale with my husband signature on it. My husband has never seen nor spoken to this man. We have the title in our possession and I thought that was the bottom line. The notary that's name is on the bill of sale has stated he has not signed this paper. If that's the case, than the paper is forged and not valid. So in my mind there is no bill of sale. I need to know what rights I have to my own property, since I have title. It's my belief that the property should be returned to me the title owner and he take me to small claims court for any money. Please tell me who I can call and who files forgery charges on my behalf. I have gone to two attorneys, the district attorney and the sheriff's dept. This has been going on now for over a year and I need help.
    Thank you,
    Rachel Brockman
     
  2. army judge

    army judge Super Moderator

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    If your husband's signature was forged before a notary, he should report the crime.

    It's not about your property, that's a civil matter.

    It's about the forgery, which is a criminal matter.
     
    fastdreamer likes this.
  3. zddoodah

    zddoodah Active Member

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    And how exactly did you accomplish this? Sounds like you turned over possession of this item to your friend, but did you also sign off on appropriate documentation to give your friend a security interest, and did your friend properly record the security interest documentation with the appropriate agency in Louisiana?

    What "arraignments [sic]" needed to be made?

    I'm not really sure what this question means.

    That makes sense, although the only reason your friend should have to take you to court would be if you failed to repay the loan as agreed. Are you welching on this debt? In any event, if you want your thingamajig back, you can file suit.

    You can call anyone you like. Forgery is a crime, and crimes are typically reported to the police. Did you really not know that?

    That's interesting. What happened as a result?
     
  4. fastdreamer

    fastdreamer Law Topic Starter New Member

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    I was told by sheriff to go to small claims court. I was told by two attorney to go to sheriff dept. I was told by da to go home.
    I know forgery is a crime, but I'm having trouble getting anyone to help me. Arrangements were to be made for a time and place to meet him to pay debt and retrieve thingy ma jig as you put it.
    I thought ownership belonged to the title holder, why is his forged bill of sale even being considered a legal document
     
  5. army judge

    army judge Super Moderator

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    Your signature wasn't forged.
    Your husband needs to file the complaint with the DA or the police, if his was forged.
    You're making it about your property.
    If there is a crime, it's your husband's alleged forged signature.
     
  6. txls

    txls Well-Known Member

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    "why is his forged bill of sale even being considered a legal document"

    Who says it is?

    Did you sign anything at all with him? If not, and you have title then yes the vehicle belongs to you. Do you know where it is? Do you have keys?
     
  7. zddoodah

    zddoodah Active Member

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    Sounds like the sheriff and DA are exercising their discretion not to pursue the matter. That said, you didn't answer many of the questions I asked:

    1. In addition to turning over possession of the item, did you also sign off on appropriate documentation to give your friend a security interest, and did your friend properly record the security interest documentation with the appropriate agency in Louisiana?

    2. What "arraignments [sic]" needed to be made for you to repay the loan? In other words, why can't you simply send the lender a check?

    3. The only reason your friend should have to take you to court would be if you failed to repay the loan as agreed. Are you welching on this debt?

    As far as your question about the allegedly forged document "being considered a legal document," I don't know what you mean by "legal document" or who is considering it as such. As I already told you, if you want your thingamajig back, you can file suit. If the lender claims that your husband sold it, then he can raise that as a defense. If you contend that the signature was forged, then you can offer evidence to that effect. Until someone files suit, however, all of these things are nothing but allegations.
     
  8. ElleMD

    ElleMD Well-Known Member

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    So, you gave your friend the 4 wheeler as collateral for a loan. For more than a year you have failed to pay back the loan. At some point, this friend sold the 4 wheeler, possibly to cover the money you owed and never repaid. That is the purpose of collateral. Sounds like you should have handed over the title as well, but that is more of an administrative issue than anything. I'm not sure why a notary or your husband's signature would be on a bill of sale for an item you gave your friend. While forgery is illegal, it seems your friend had the item because you gave it to him, and used it for the purpose to which you agreed (again, that is the purpose of collateral). You had at least a year to repay the money and failed to do so. Your friend not answering the phone does not absolve you of your obligation and there are numerous other ways to ensure your friend got paid aside from meeting up in person following a phone call. It makes sense that the police and DA would consider this a non-issue. Fudging paperwork to sell something a person had every right to sell is not going to be a high priority.
     

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