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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37639
Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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My brother leased a car in s name only in MA, I never signed

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My brother leased a car for me in his name only in MA, I never signed any papers pertaining to the lease agreement with the car dealership. I mad a verbal agreement with my brother that I would pay the monthly bill for the lease and the insurance for the car. He agreed. Well I made 1 pay't on the car when the bill came in, which went to my brothers house and paid 2 months of insurance. One the insurance wanted and one I found out later that he wanted. Three weeks after having the car my brother wanted it back stating he never should have done the lease. After some bickering and trying to convince him I needed the car and would continue making payments, he still wanted the car back. So I drove it to his house, gave him the keys and was done with it. He turned the car in, had to pay a penalty for early termination and blamed it on me. He wanted $4700.00 from me to pay the car dealership , I refused for over a year to give it to him but he wouldn't stop bothering me and against the advice of my lawyer gave it to him. Now he's calling me to tell me he needs $3300.00 for something pertaining to his taxes b/c of the car. I am not giving this to him for sure but how can I get him to leave me alone? Last year my partner died and my brother clearly took advantage of his death to get money from me b/c I wasn't in the right frame of mind, certainly when it came to finances. But this year is different. So can you help me or point me to someone in the Fall River, MA area who can. My brother is a bully and ruthless and will not stop until I give him this money. Its like he's a loan shark, extorting money from me. ***@******.***
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
While your attorney was entirely correct, and you did not owe any money to your brother for the early termination expenses that were brought about entirely by his breaching his contractual agreement with you, it was very generous for you to do that.
You again, certainly have no legal obligation to give him any more money, and the tax consequences he is facing almost certainly have to do with his apparent inappropriate attempt to somehow write off the vehicle payments on his taxes---again this is not your problem.
It is not always easy to convince a family member that you want them to leave you alone and not harass you, and legally, your options are pretty limited.
Typically what I suggest is that a person write a letter to the other person telling them to not make any further contact with you, to leave you alone and to stop harassing and stalking you.
If they continue after that, then you may call the police and file a complaint for harassment.
Finally, failing all else, you may file a Complaint for protection from Harassment with the local court and they can issue a protective order for you and against your brother. Once that order is served on him by the sheriff, if he continues to harass you, you may notify the police and they will arrest him. This would be a very serious criminal violation for your brother to commit and the law will help you.
Here is a link to the form that you can file with the court seeking protection from Harassment:
http://www.mass.gov/courts/docs/forms/district/258e-complaint.pdf
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you so that I can be compensated for helping you.
I wish you and yours the best in 2015,
Doug