truck title question

Discussion in 'Trucker Legal Advice' started by davan2004, Jun 16, 2009.

  1. davan2004

    davan2004 Light Load Member

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    Warren, MI
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    When Buying a truck. Should you have the titled in your name or your business name?
     
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  3. MedicineMan

    MedicineMan Road Train Member

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    depends if your incorperated or a sole proprietor
     
  4. Roadmedic

    Roadmedic Road Train Member

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    Also depends on the loan paperwork as well.
     
  5. davan2004

    davan2004 Light Load Member

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    Dec 10, 2008
    Warren, MI
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    my business is a llc. but truck is under a loan
     
  6. Roadmedic

    Roadmedic Road Train Member

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    Who applied and signed for the loan?

    When the registration was done, what did they use?
     
  7. davan2004

    davan2004 Light Load Member

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    Dec 10, 2008
    Warren, MI
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    My wife and i applied for the loan. (she doesn't have a cdl) The turck isn't registered yet because i have signed the papers. I am going to use the insurance from the company that I am leasing through. when I asked the sales rep for the information for the insurance I noticed that me and my wife's name was listed on insured which it required by the loan company. I spefically requested that the truck is titled to my bussiness name. does this help any?
     
  8. Roadmedic

    Roadmedic Road Train Member

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    There are options.

    You can turn around and run a triple net lease agreement for the truck payment amount. The LLC then pays you the payment and you pay the loan.

    The LLC is not really going to protect the assets if there is an accident.

    When you are leased, the company you are leased should make the payments to the LLC.

    I would strongly suggest you get an accountant versed in trucking involved before you go any further.

    You are running around blind so to speak.
     
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  9. davan2004

    davan2004 Light Load Member

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    Warren, MI
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    So with the LLC I can loose my personal assets? Will a incorporation protect that?

    PS thanks for the tip :biggrin_255:
     
  10. MedicineMan

    MedicineMan Road Train Member

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    no, not if your driving it? they'll just sue you personally as the operator and not the owner.


    I think I want ROadmedic to do my taxes. It's the one place i'm totally lost too
     
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  11. Pawnd

    Pawnd Medium Load Member

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    Apr 8, 2009
    Chasing wind
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    Personal assets are usually only protected when a company is held publicly. Close held corps & LLC's provide minimal protection to the owner. The main advantages for small companies are tax and credibility/accountability.

    Depending on case law acceptance in your state, close held corps have been determined to essentially be the one and same as the owner. At one time they did provide some measure of protection, but that has changed, as many others, because of bad actions of less than honest persons.
     
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