Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

My adult son mentally and verbly abused me to get me to

Customer Question
My adult son mentally...

My adult son mentally and verbly abused me to get me to cosign a car for him. I am on SSDI for severe depression and anxiety. He as well has mental illness, but I belied him that he was get a settlement from a medical issue with previous meds. He did well for while on the payments, but unfortunately has been hospitalized, at my request. He has no idea od what reality is. He is diagnosed now as SMI (severely mentally ill) and remains hospitalized. I only finally agreed to go to apply for car, only full on knowing my credit would decline. The dealership inflated my income when i repeatedly advised not to include all deposits on my bank statement because they didn't belong to me The did include money that was not mine, lied to the lender regarding my income. That,s the only way the dealership could get it approved. I cannot afford the payments, and now repossession is looming. I there anything I can do?

Lawyer's Assistant: What state is this in? And when did the issue begin?

Arizona I believe it was in the spring of last year when we purchased the car

Lawyer's Assistant: What steps have you taken so far?

Nothing

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

Not that I can think of at the moment

Submitted: 1 month ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 22 hours by:
3/17/2018
Lawyer: Phillips Esq., Attorney-at-Law replied 1 month ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 21,309
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Ask Your Own Legal Question
Lawyer: Phillips Esq., Attorney-at-Law replied 1 month ago

I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

Ask Your Own Legal Question
Lawyer: Phillips Esq., Attorney-at-Law replied 1 month ago

Your Question:

My adult son mentally and verbly abused me to get me to cosign a car for him. I am on SSDI for severe depression and anxiety. He as well has mental illness, but I belied him that he was get a settlement from a medical issue with previous meds. He did well for while on the payments, but unfortunately has been hospitalized, at my request. He has no idea od what reality is. He is diagnosed now as SMI (severely mentally ill) and remains hospitalized. I only finally agreed to go to apply for car, only full on knowing my credit would decline. The dealership inflated my income when i repeatedly advised not to include all deposits on my bank statement because they didn't belong to me The did include money that was not mine, lied to the lender regarding my income. That,s the only way the dealership could get it approved. I cannot afford the payments, and now repossession is looming. I there anything I can do?

Response: Stop making payments on the car and let the car be repossessed. The dealer's actions on the transaction are illegal--inflating your income, lying on the loan application, etc. You do not have any option but to let the car go under the circumstances. Nevertheless, if or when the car is sold and you get a notice of deficiency from the lender ("they" or "them" or "their" or "creditor"), you need to challenge their calculation. You do not have to take their word for it. And more importantly, you do not have to pay for the deficiency. Let them file a lawsuit. If or when they file a lawsuit for deficiency, for the balance on the loan after the auction, you should challenge the balance given to you by the lender (“creditor”) after the sale. You would have some defenses to their complaint for deficiency judgment. One of your defenses would be that the sale of the car was not done in a commercially reasonable manner. Once you make this defense, the creditor would then have the burden to prove that all aspects of the sale were reasonable including the notice provided to you before the sale, the advertising made to the public, the timing of the sale of the car and how the creditor ultimately got rid off the car.

You would also have other defenses and counterclaims such as

(1) Was your personal property in the car seized when the car was repossessed?
(2) Were the creditor's expenses of repossession reasonable?
(3) Was the deficiency correctly computed?
(4) Deception in original purchase of the car.
(5) Defects in the car's subsequent performance.
(6) The terms of the financing.
(7) The creditor's debt collection conduct

and so on...

You can retain the services of a local consumer Attorney to assist you with the case. Most consumer Attorneys work on contingent fee basis and thus the Attorney that you retain may not ask for upfront fees unless he or she wins the case for you. Even then, you may not have to pay out of pocket as most Courts do award Attorney fees to prevailing consumers.

You can use the following sites to find local consumer Attorneys:

Consumeradvocates.org

Lawyers.com

Justia.com

Findlaw.com

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

Ask Your Own Legal Question
Was this answer helpful?
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 21,309
21,309 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
One of my acquaintances (previously a friend), loaned me
Hi, one of my acquaintances (previously a friend), loaned me $9350 2 years ago during a moment of crisis. Since then, he has used the personal loan as leverage during other discussions (basically clai… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,864 satisfied customers
I had to show up for court today because a car loan that i
I had to show up for court today because a car loan that i took in 2012. However the dealership sold me a bad car and it only worked for about a month and a half. I let them take the van back and they… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
Question about a business loan. NJ. Signed the loan recieved
what I want to know is if were can cancel it - just give the funds back - is there a cooling off window in nj… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
In federal court in a case with counterclaims does a
In federal court in a case with counterclaims does a stipulation to dismiss the case with prejudice also dismiss the counterclaims?… read more
Lori
Lori
Juris Doctor
1,062 satisfied customers
Loan officer uses name and credit rating to help secure loan
Loan officer uses name and credit rating to help secure loan for another person and gets lister as secondary. How can he do this without permission … read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
21,309 satisfied customers
Student loans is saying I defaulted on loan and took my
Student loans is saying I defaulted on loan and took my entire tax refund which we desperately needed without my knowledge. I have no knowledge of defaulting! Can they do this? I am so upset I am besi… read more
Michael Bradley
Michael Bradley
JD
1,371 satisfied customers
Can an individual deduct a loan made to a grandson to start
Can an individual deduct a loan made to a grandson to start a small business. The loan was made about 4 years ago and there is little likelihood that it will ever be paid back. If it is deductible, wh… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,820 satisfied customers
I was trying to get an "undocumented" loan from a loan
I was trying to get an "undocumented" loan from a loan officer at PNC Bank. He assured me because of personal good credit and substantial hard assets that "this was a slam dunk". Because he was so sur… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
I have a question regarding a loan... me to loan to a
I have a question regarding a loan... me to loan to a acquaintance … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,614 satisfied customers
Loan depot messed up refinance loan was told loan was
loan depot messed up refinance loan was told loan was approved closure statement was signed closing date was set lady called got direction to home to sign papers loan officer told me to cancel payment… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,687 satisfied customers
I signed a loan for an individual. He did not sign the loan
I signed a loan for an individual. He did not sign the loan paper but did make two payments. I called him and he promise to make the payments. He has still not made payments. in fact he said to someon… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
A pay day loan business had a employee take a false loan
a pay day loan business had a employee take a false loan under my name … read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,037 satisfied customers
I took out a loan with a title loan company, I defaulted and
I took out a loan with a title loan company, I defaulted and they took my car. Legally what are my rights. Can I pay off the loan and get my car back. The loan was for $3,000 and the car is worth $30k… read more
Lori
Lori
Juris Doctor
1,062 satisfied customers
I have about $33,000 in student loan debt, and personal loan
i have about $33,000 in student loan debt, and personal loan debt, plus credit cards for a total of $60,000. I am 58 years old, just retired and I've moved to Mexico. I have a pension of $48,000 per y… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
A counterclaim needs a response before trial? Bc we do not
a counterclaim needs a response before trial? Bc we do not even have a date yet. And that response goes to the court, right? What is it called? ie their answer says "defendants' original answer and co… read more
Lori
Lori
Juris Doctor
1,062 satisfied customers
Small claims case. Defendant filed counterclaim. At trial
Small claims case. Defendant filed counterclaim. At trial judgment in favor of defendant on plaintiffs claim. Also judgment in favor of defendant on counterclaim. Plaintiff has appealed requesting tri… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
Researching procedure to counterclaim false allegation
researching procedure to counterclaim false allegation restraining order … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
In responding to a counterclaim that was part of an answer
In responding to a counterclaim that was part of an answer to an amended complaint, is a motion to dismiss the counterclaim allowed or just an answer? If a motion to dismiss is allowed, and filed with… read more
Michael Gonzalez
Michael Gonzalez
JD
543 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x