I loaned my car to a ‘friend’ and he loaned it to an unlicensed friend and the car got impounded. The police put a

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Customer: Hi I loaned my car to a ‘friend’ and he loaned it to an unlicensed friend and the car got impounded. The police put a ‘canary’ on it. They didn’t fix it so the police cancelled the registration. They then onsold the car without my knowledge. I still have the loan and have to make payments. I know who and where the car is. Can I get a court order to take the car as the finance company still has a lien on that vin number
JA: Some laws are different depending where you are, so could you clarify what state you're in?
Customer: Victoria
JA: Have you tried anything so far that has helped or clarified the issue?
Customer: I’ve told the finance company but they won’t go and seize the asset and say I’m still liable for the loan
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: not really that’s it in a nutshell. I’m after a court order to get the car as I think it’s most unfair I’m left to pay for someone else’s car
Answered by John Melis in 5 mins 1 year ago
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John Melis
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John Melis, Expert

Hello, I’m John Melis, a solicitor in Australia, and I’ll be helping you with your question today.
You will be able to retrieve your vehicle through the court system, and then raise a claim against your friend for the expenses you incurred as a result due to that person being unlicensed.
Does this help with your question today?

Customer
Pointless suing friend. They have nothing. Can I get a court order to retrieve the car?
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John Melis, Expert

You may lodge a claim in court.

The court’s website has a forms section to download the documents to commence the claim against that other party.

There are practice notes on the court’s website. There are various resources also, which you could utilise to aid you in completing the claim form.

Once you have submitted the claim form to the court, you must serve the other party with the documents.

You will receive email communications from the court, and you need to review these communications carefully, as they give you instructions on what to do next.

Customer
I just paid $68
Customer
Please text.. I haven’t got that sort of money
Customer
How much for you to prepare the documents?
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John Melis, Expert

I’m a site user like you, so I don’t have access to your account details or charges, but customer service would be glad to help you with that.

You can use the contact button at the end of your page or you can use this link http://ww2.justanswer.com/help or email support at***@******.***

Customer
How much do you charge John to prepare the document s?
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John Melis, Expert

You will be able to reach out to your local lawyer for that process.
Customer
Is this Australian law
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John Melis, Expert

it is.You’re handling this matter very well.If there is anything else, big or small, that I can help you with today, please let me know?
Customer
John, thanks for saying that but I’m not sure of what documents I need from what court? Can you please elaborate?
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John Melis, Expert

When you run your case in the court, you will use the statement of claim, form 5A.You’re handling this matter very well.If there is anything else, big or small, that I can help you with today, please let me know?
Customer
Can I download this form 5A online? I take it I go to the Melbourne Magistrates court website or can I Google a form 5A?
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John Melis, Expert

Just go onto the courts website, magistrates Court, form section, and you can download the form from the court website.
Customer
Thankyou I will let you know how I go doing this.
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John Melis, Expert

It was my pleasure to help you today, and I thank you for chatting with me.
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