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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 13088
Experience:  Experienced Licensed Attorney
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My mother pressured me into signing a car loan in my name for

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My mother pressured me into signing a car loan in my name for a car for her, because her credit is bad. Well she stopped making payments so I took the car back but then it was repossessed. I didn't know she was so behind the payments. Now she screwed me. I know I shouldn't have signed the loan but I was feeling pressured, would this be an example of duress? Do I have case at all?
Submitted: 1 year ago.
Category: Legal
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am very sorry to hear about your unfortunate situation.

Are you now being sued by the auto finance company related to this repossession?

Are you considering suing your mother for damages?
Customer: replied 1 year ago.

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.

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your follow up.

Can you please tell me if you know how much approximately will you owe to the auto finance company?

Did your mother make a verbal promise to make payments for this auto loan and was your mother the only person who had possession of this car and also the only one who used this car?

If you were to win a lawsuit against your mother, does your mother have any assets against which you would be able to collect?
Customer: replied 1 year ago.

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?

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your follow up.

Unfortunately, since we were able to break down some of the facts, it does not appear that you would have a valid claim against your mother, since she was making payments as agreed while she had the car and as soon at the first sign of your mother's inability to make car payments you took the car from her, so she did not have the vehicle in her possession.

Also, even if your mother pressured you into buying this vehicle for her and signing the financing agreement, such pressure between mother and daughter is not likely to raise to a level of duress or undue influence, as it happens all the time when it comes to families and even if it did, it would not help you get out of this financing agreement, since it is not the auto finance company that put you under duress.

I am sorry to say, but I don't thing that there is a good option of any type of legal recourse in a situation such as the one you have described.

I do wish you the best of luck and GOD bless you!
Customer: replied 1 year ago.

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.


 


 

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your follow up.

Basically, it might be a good idea to negotiate a settlement with the auto finance company to see if they would agree to waive some charges.

While you might be able to sue your mother based on the promissory estoppal which would be based on your mother promise to you to make payments on this car loan, you would have to prove in court by clear evidence that the mother in fact made this verbal promise to you and it is generally difficult to do, without having some written agreement or at least some wittinesses who heard your mother make such promise to make payments to you.

I wish you the best of luck!
Customer: replied 1 year ago.

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 :)


 


thanks again

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

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.



I wish you the best of luck and God bless you!
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 13088
Experience: Experienced Licensed Attorney
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