Have Legal Questions? Ask a Lawyer Now.
I have talked to the bank and am waiting for the letter I should be receiving from them regarding everything I owe. They have lied to me over the phone and now I want everything in writing.
If I have case against my mother, then yes I will sue, but I do not want to start something if I have no chance.
I know that I am about $500 behind in payments which is the reason for the repossession, plus the repossession cost, and the total amount for the rest of the car. I do not know the exact number yet, I am waiting to see the itemized list the bank is suppose to give me. The have put the car on hold at the moment, so they are selling it yet (crossing fingers).
My mother had full possession of the car for 6 months to a year, she was making all the payments as of December (I did a credit check to see my status). I was concerned that she was going to falter on the payments because she lost her job, so I took it. My plan was to sell it and buy something just for me with no ties to her.
If I were to win the lawsuit, she doesn't have much, so no I don't think I would be able to collect on any of her assets.
So it doesn't look good, does it?
I don't want to get out of the financing agreement, I just want the back payment and repossession charges to be taken care of, and I will take care of the rest. I don't want this one incident to ruin my credit.
And, when I signed the contract she agreed that she would take care of the payments and when I took it over I didn't know she was behind in the payments, I was just not feeling good about the situation anymore. And my instincts were correct.
What needed to happen in order to sue my mother for damages? Just so I am clear.
Thank you so much for your help. I am trying to talk to the bank, but they are bullies and are taking advantage of my naivety.
For now anything that has to do with my mother (or any family member) will be in writing.
Live and learn :)
Thank you and please click on the "excellent service" rating so I can receive credit for my answer. Positive feedback and bonus is always appreciated, but is not required.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).