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My stepdad want to sue me and my mom for not providing

Customer Question
My stepdad want to...

My stepdad want to sue me and my mom for not providing insurance or proof of registration

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Even tho the car is in his name and its a leased car so he doesn’t even own it the dealership does

Lawyer's Assistant: Has anything been filed or reported?

Wisconsin I have all the proof I got it done month in advance he just wants control and he keeps hassling us about it even tho the car is in his name and its a leased car

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My mom sighed a contract claiming she takes responsibility for the car. But i wanna know if that will even hold up in court if he doesn’t own the car

Submitted: 1 month ago.Category: Legal
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Answered in 1 day by:
3/8/2018
Lawyer: Olivia Kent, Attorney replied 1 month ago
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 2,905
Experience: Partner at Kent Law Group, LLC
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.

Give me just a moment to review what you've written.

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Lawyer: Olivia Kent, Attorney replied 1 month ago

So the car is in his name but the insurance and registration is in mom's name?

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Customer reply replied 1 month ago
No the registration is in his name and the payment is in my name and the insurance is in my name.
Lawyer: Olivia Kent, Attorney replied 1 month ago

The car payment is in your name?

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Lawyer: Olivia Kent, Attorney replied 1 month ago

meaning the loan?

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Customer reply replied 1 month ago
No the lease is in his name
Lawyer: Olivia Kent, Attorney replied 1 month ago

You wrote "the payment is in my name"... what does that mean? And what is he looking for from you?

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Customer reply replied 1 month ago
I just pay the payments and my mom signed a contract that says she claimes responsibility for the car
Customer reply replied 1 month ago
But he was going to call the police one her so she went out and bought another car
Lawyer: Olivia Kent, Attorney replied 1 month ago

I'm not understanding what he's looking for from you.

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Customer reply replied 1 month ago
Neither do I. I’m paying for the car because my mom is bonded by some contract she signed with him even tho the car is owned by kia dealership and in his name.
Lawyer: Olivia Kent, Attorney replied 1 month ago

I'm not sure what you're asking me. What question can I answer for you.

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Customer reply replied 1 month ago
Would he win in court if he took us to court over this contract he has with my mom.
Customer reply replied 1 month ago
Our could we win with him just taking responsibility for the car.
Lawyer: Olivia Kent, Attorney replied 1 month ago

I am not following... what contract does he have with mom? What would he take you to court for? What does he want you to do? I'm just not understanding the situation you're asking about.

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Customer reply replied 1 month ago
He wants to take me and my mom to court over not providing proof of car insurance and vehicle registration. Even tho thats been done moths ago.
Customer reply replied 1 month ago
He wrote up a contract caliming my mom takes full responsibility for the car. She signed it
Lawyer: Olivia Kent, Attorney replied 1 month ago

Who are you supposed to provide this proof to? And why can't you just show him that it was provided, as you stated, months ago.

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Customer reply replied 1 month ago
But the car is in
Customer reply replied 1 month ago
His name
Customer reply replied 1 month ago
It’s a leased car from kia dealership for a 3 year lease.
Lawyer: Olivia Kent, Attorney replied 1 month ago

So the car is in his name but she signed something between the two of them agreeing to "full responsibility"... which means what? Paying for it?

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Customer reply replied 1 month ago
My stepdad
Customer reply replied 1 month ago
Just providing proof but he just keeps harassing me and my mom and likes to keep control on the situation even tho we have done everything correctly and to protocol
Lawyer: Olivia Kent, Attorney replied 1 month ago

Providing proof to who? About what? I'm sorry but I've asked the same question three different ways and I still can't seem to get a response. I can't answer your question unless I understand what you're asking of me. Does he want you to pay for insurance? For registration? Does he want you to provide him with a document? Something else??

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Customer reply replied 1 month ago
My stepdad
Customer reply replied 1 month ago
About the car
Customer reply replied 1 month ago
He wants proof of documentation
Lawyer: Olivia Kent, Attorney replied 1 month ago

Ma'am, I'm sorry. I don't know what you're asking me and I don't know what is in this contract that your mom and dad signed.

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Customer reply replied 1 month ago
I’m asking if we went to court would the responsibility of the car fall on him since it’s in his name and the dealership owes it not him
Lawyer: Olivia Kent, Attorney replied 1 month ago

If the car is in his name then the dealership or lease company or whoever he owed money to would go after him regardless of what agreement he has with your mother. That being said, whatever agreement he has with mom is presumably a valid contract (until proven otherwise) so HE could sue HER if he felt that she breached the terms of the contract. The lease company couldn't sue her since it's HIS lease but he could sue her (and vice versa) based on what their contract says and what they've both agreed to do - IF it is a valid contract.

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Customer reply replied 1 month ago
How can you tell if it’s a valid contract
Lawyer: Olivia Kent, Attorney replied 1 month ago

It would have to be read. A valid contract is one that two people enter into willingly and one promises to do something in exchange for the other promising to do something. Does that make sense?

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Customer reply replied 1 month ago
Here the contract
Lawyer: Olivia Kent, Attorney replied 1 month ago

Can you cut/paste this language into the screen you're typing in?

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Customer reply replied 1 month ago
VEHICLE LEASING AGREEMENT
THIS VEHICLE LEASING AGREEMENT (this "Lease") dated this __6th_______of October, 2017.
BETWEEN:Pamela Pecard of Milwaukee, WI 53208
(the "Lessee")
OF THE FIRST PART
- AND -Thomas Pecard of Milwaukee, WI 53207
(the "Lessor")
OF THE SECOND PART
IN CONSIDERATION of the mutual covenants and promises in this Lease and other valuable consideration, the sufficiency of which consideration the Parties hereby acknowledge, the Lessor leases the Vehicle described in this Lease to the Lessee, and the Lessee leases the Vehicle from the Lessor on the following terms:
Vehicle Details
1. The Lessor desires to lease the vehicle described as a new 2016 Fathom Blue KIA SOUL Wagon, with vehicle identification number ___in contract_______ (the "Vehicle") to the Lessee, and the Lessee desires to lease the Vehicle from the Lessor for personal, family or household use.
2. The Lessee owns the Vehicle that is the subject of this Lease.
Lease Cost Disclosure
3. The full lease value of the Vehicle as of this date is $12,026.25
4. The amount to be amortized over the term of the Lease is $12,026.25
5. The term on the Lease is 39 months (the "Term") started on 1/17/2017.
6. The number of annual miles allowed under this Lease is 12,000 per year. Any miles in excess of that amount are charged at a rate of $____________ cents per mile when the Vehicle is returned.
7. The total amount payable by the Lessee upon signing this Lease is $12,026.25
8. The monthly payment (the "Monthly Payment") under this Lease is $379.00. Any sales and use tax would be allocated over the term of the Lease and added to that monthly payment. The monthly payments are to be made on the 10.00th day of each month of the Lease, with the first payment made on the 10th day of October , 2017.
9. Monthly payments may be made by check, post-dated checks, money order, bank draft or pre-authorized payment by Britteny L Praznik-Holst.
10. A late fee of $20.00 to Thomas Pecard if not paid by 10-13th of month and additional $20.00 if not paid by 14-15th of month plus incurred late charges from KIA only if posted after 16th of month (Actual KIA payment date) will be charged on all monthly payments paid after the due date, which will be payable with the next month's payment.
11. At the conclusion of the Lease, if all payments are made, the total cost of the Lease will be $12,026.25 excluding any cost for repairing excess wear and tear to the Vehicle.
Warranties
12. The Vehicle is still subject to the manufacturer's warranty for approximately 30 months from the date this Lease is signed, the details of which warranty were provided at the time of signing.
13. Except as expressly provided in this Lease, no warranties, either express or implied, statutory or otherwise, as to any matter whatsoever, have been given by the Lessor.Lessee Obligations
14. The Lessee will assume all risk of loss and damage to the Vehicle. The Lessee is responsible for insuring the Vehicle based on its full value, with the following coverage:
a. bodily injury and property damage coverage in the minimum amount of $1,000,000.
b. comprehensive fire and theft insurance with a maximum deductible of $1000.
c. collision insurance with a maximum deductible of $1000.
The Lessee will ensure that the Lessor is named as registered owner, and as "Additional Insured" and loss payee in the insurance policy (the "Insurance Policy").
15. The Lessee agrees to co-operate with the Lessor and the insurance company in pursuing or defending any claim or action resulting from the use of the Vehicle. Any award or money the Lessee receives as a result of a claim or action is to be assigned to the Lessor. If the Lessee fails to maintain insurance or if a claim is denied by the Lessee's insurance company for any reason, the Lessee remains responsible to pay the total cost of the Lease.
16. The Lessee agrees to indemnify the Lessor from any loss, and in order to prevent such loss, the Lessee will do the following:
a. keep the Vehicle free of encumbrances, such as fines and liens.
b. indemnify the Lessor from all claims and expenses resulting from the maintenance and use of the Vehicle.
c. pay all amounts owed under this Lease without deducting any amounts the Lessee claims to be owed by the Lessor.
17. The Lessee is prohibited from using, transferring, or altering the Vehicle, as follows:
a. the Vehicle is not to be used by drivers without an appropriate license or those restricted under the Insurance Policy.
b. the Vehicle is not to be used illegally, in a manner contrary to the Insurance Policy, or as a vehicle for hire or public transport.
c. the Lessee will not transfer or assign this Lease, or ownership of the Vehicle, to a third party, except with the Lessor's prior written consent. The Lessee will also ensure that the Vehicle is not seized, confiscated, or involuntarily transferred, even if the Vehicle is the subject of judicial or administrative proceedings.
d. the Lessee will not remove the Ve
Customer reply replied 1 month ago
Inspections
19. The Lessee acknowledges that the Vehicle has been inspected and the Lessee accepts the Vehicle as being in a good state of repair, not including manufacturer's defects which would not have been visible upon inspection.
20. The Lessor has the right to inspect the Vehicle, without prior notice, at all reasonable times during the Term of this Lease.
Event Of Default
21. The Lessee will be in default under this Lease if:
a. the Lessee fails to make a monthly payment on the due date of Hyundai Financial 17th of each month
b. a bankruptcy, receivership, or insolvency proceeding is initiated by the Lessee or against the Lessee;
c. a creditor or a government authority seizes the Vehicle;
d. the Lessee has misrepresented personal or financial information;
e. the Lessee is no longer living;
f. the Vehicle is stolen or damaged beyond repair;
g. the Vehicle is not returned at the end of the Term; or
h. the Lessee breaches any other term of this Lease.
22. In the event that the Lessee defaults under this Lease, the Lessee will be required to pay the amounts applicable to the Vehicle during the remainder of the Term.
23. If the Lessee defaults under this Lease, the Lessor will pursue the remedies outlined in this Lease, in addition to any other remedies allowed by law. If the Lessee defaults, the Lessor may terminate this Lease, and may recover the Vehicle and sue the Lessee for damages.
Excessive Wear and Tear
24. The Lessee is responsible for ensuring that the Vehicle is regularly maintained and is kept in good repair. Regular maintenance and repair includes, but is not limited to, the excessive wear and tear provisions below. The Lessee is to pay the costs of regular maintenance and any costs for repairs not covered by warranty.
25. Excessive wear and tear will include, but is not limited to, the following, even if covered by the Lessee's Insurance Policy:
a. cracked, damaged, or tinted glass;
b. dented or damaged body panels, fenders, lights, or paint;
c. missing equipment or accessories that were provided with the Vehicle, including but not limited to wheel covers, jack, wheel wrench, and spare tire or regular tires;
d. tires with less than 3mm of tread remaining at lowest point;
e. damage to the interior of the Vehicle, including but not limited to dash, seats, floor covering, upholstery, truck liner, and center console (if applicable); or
f. mechanical damage that affects the safe, proper, or lawful operation of the Vehicle, which would include damage that causes the Vehicle to fail a safety inspection in the State where this Lease is signed.
26. If the Vehicle has excess wear and tear, there will be a charge to the Lessee for the excess wear and tear.
27. During the Term, damaged or lost parts, equipment, or accessories may be replaced with items of equal or better quality and construction, and replacement items that meet this standard will be accepted as original items, upon return of the Vehicle.
Returning the Vehicle
28. When the Lessee returns the Vehicle at the end of the Lease, the Lessee must pay the following amounts:
a. the cost of any additional miles accumulated over the amount allowed; and
b. the cost of repairs needed as a result of excess wear and tear.
c. any outstanding amounts under this Lease.
29. Payment of $379.00 is due on or before the 10th of the month.
With an allowed lapse of time till the 15th to make sure payments are processed through banking.
Lease is paid directly from a personal checking account to Hyundai Financial. If payments are on weekends, there is a longer processing period since there are no banking hours.
General Provisions
30. This Lease may not be assigned to a third party without the Lessor's prior written consent and approval.
31. This Lease will pass to the benefit of and be binding upon the Lessee's respective heirs, executors, administrators, successors and assigns.
32. This Lease may only be amended or modified by a written instrument executed by both parties to this Lease.
33. All costs, expenses and expenditures including, and without limitation, the complete legal costs incurred by enforcing this Lease as a result of any default by the Lessee, will be added to the amount then outstanding and will immediately be paid by the Lessee.
34. The clauses and paragraphs contained in this Lease are intended to be read and construed independently of each other. If any part of this Lease is held to be invalid, this invalidity will not affect the operation of any other part of this Lease.
35. If there is a conflict between any provision of this Lease and any form of lease prescribed by applicable legislation of Wisconsin (the "Act"), that prescribed form from the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with that prescribed form. Further, any provisions that are required by the Act are incorporated into this Lease.
36. Headings are inserted for the convenience of the parties to this
Lawyer: Olivia Kent, Attorney replied 1 month ago

This is the lease between your dad and the dealership. It's his lease alone, correct? Therefore the finance company can only come after him. I thought you were including a copy of whatever contract mom and dad signed between themselves.

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Customer reply replied 1 month ago
This is the contract between him and my mom
Customer reply replied 1 month ago
Hes the lessor shes the lesse
Lawyer: Olivia Kent, Attorney replied 1 month ago

Wait - he leased her the car? I thought you said that he leased the car from the KIA dealership....

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Lawyer: Olivia Kent, Attorney replied 1 month ago

Would you like to just do a phone call? Because you and I have been going back and forth for two days no and I can't answer your question because I'm just not getting clear information from you as to the situation.

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Customer reply replied 1 month ago
How is it not clear no I’m not paying 59$ when you can’t even understand what I’ve sent you. Reread it. Or maybe thing aren’t coming in order idk how your not getting it
Lawyer: Olivia Kent, Attorney replied 1 month ago
I have tried for two days and in at least a dozen different ways to ask the same questions about who has a contract with whom and what these contracts say. And what documents stepdad has and what documents stepdad wants. And what documents mom has and what documents mom was supposed to give to stepdad. I can’t seem to get an answer, at least not a consistent answer, and no amount of re-reading – and I have attempted that as well – will help the situation. I want you to get the answers that you need which is why I offered you the option of a phone call. I think it’s a safe bet that if after 48 hours of communicating online if we still don’t understand each other we’re not going to so I will open your question up to our other experts and if somebody is able to assist you I’m sure they will step in.
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Customer reply replied 1 month ago
Ok ����
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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).

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