Customer: I'm assuming your son sold the car to the lady who signed the contract in an individual capacity. Therefore, it doesn't matter that her husband is in the military. She is responsible for adhering to the terms of the contract. Her husband does not automatically retain liability on the contract she entered into.
Your son needs to write her a letter stating that she is in default of the terms of the contract and he will pursue a small claims court action against her if she doesn't immediatley honor teh terms of the agreement.
If she refuses to pay, take the letter along with the sales contract and file a small claims action to recover the money.
Or in the alternative, you can pay a lawyer to write the demand letter on your behalf by contacting a local attorney. So in conclusion, her husband's status as a member of the military matters not in this scenario.
The above response is intended for informational purposes only and does not constitute legal advice nor create an attorney-client relationship. You should consult an attorney in your jurisdiction for all legal matters.
First of all, I would send the letter and perhaps that will help solve the situation. Secondly, I would never sell a car on a financing payment plan. Those type of deals always go bad and end up in Court.
If the letter or other efforts fail, the proper jurisdiction would most likely be Virginia ( the state where the car and the defendant reside) or Utah (the state in which the car was sold).
Either way, the letter (and followup letters if necessary) is the best way to go.
I hope he doesn't get depressed over a bad decision on a car sale? Anyway, the letter may prompt soem action.
Don't accept else you might be charged for this response. As always, Good Luck.
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