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Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.
Do you know if this is a conditional sales contract?
I am sorry but I cannot speak to you on the telephone. I know the site offers this service but the site is based in the US. As I am a lawyer in Canada the rules of my law society prohibit me from speaking to you on the telephone as you are not my client.
I can only speak to you by posting up and back over this site.
Look at the top of the contract for financing.
I am a Canadian lawyer!
It is because I am a Canadian lawyer that I cannot take your call.
In Canada we cannot do that.
In the US it seems that this is OK so the site offers it.
Sorry about the confusion.
That's unfortunate. If this was a conditional sales contract they could either seize the car or sue your uncle but not both.
But as this is not they can seize the car and sue your uncle for the difference that they are still owed and it will be substantial as they will be owed all the financing payments as well as all the costs to seize and sell the car.
They will not care that he is now incompetent.
So they will come and seize the car but then will sue your uncle.
If your uncle has no assets at all you can tell them that and perhaps they will give up.
If not you may need to consider declaring bankruptcy for your uncle.
But if he does have assets then he may be sued and they will seek to enforce the judgment against his assets or income etc. They cannot garnish retirement pensions.
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No one can come after you.
But what they can do is come after his estate if he dies and that is what they are talking about.
You can tell them to sue him and good luck with it. Make it clear that he is judgment proof and offer to prove it if they want.
Yes it does. Sorry I should have explained.
There is no point in suing when a judgment cannot be enforced.
Put it plainly to them. This is an old, sick man who has nothing. He will be in a home until he dies and good luck if they want to sue.
Is there anything more I can help you with at this point in time?
I am not in Calgary but in any event, I cannot speak to you on the telephone. I know the site offers this service but the site is based in the US. As I am a lawyer in Canada the rules of my law society prohibit me from speaking to you on the telephone as you are not my client.
Please let me know what happens but also please rate me now. The site will not release my portion of what you paid them to me until they get a positive rating from you.
Thanks and good luck.