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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102379
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My son purchased a car through Drivetime on 08/14/15 with s

Customer Question

My son purchased a car through Drivetime on 08/14/15 with his godmother as the cosigner under video and audio recording. on 08/19/15 her sister contacted drivetime claiming elder abuse and fraud. DriveTime contacted my son the same day demanding the car back stating that they just do not want to be involved. The contract is final, legal, and binding according to Arizona law. DriveTime took my sons car last night here in Texas under false report of Repo to the police but his contract is valid and his 1st note is not due until 09/05/15 and have not returned his downpayment. Drivetime is claiming that the cosigners sister contacted the arizona attorney general and reported fraud and elder abuse but no evidence of a suit has ever been presented to my son in arizona or here in texas. No attorney or representative of his Godmothers sister or Drivetime has ever contacted him nor presented any documents of any claims
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

I am sorry to hear about this situation. Can you please tell me:

1) Did he know that she was going to contact Drivetime?
2) Does the godmother have mental capacity, or is she partially or somewhat mentally incapacitated?
3) Was the godmother pressured into the cosigner role?
4) Did the sister in fact file a report with the AG and/or the authorities?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.