What can I do if I bought a vehicle under my name for my mother who promised to make the paymentsbut she has stopped?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do if I bought a vehicle under my name for my mother who promised to make the paymentsbut she has stopped?
I was only 20 and extremely naive. I am 24 now, ( probably still a bit naive), and it has come to my attention the car has been impounded and she has stopped paying. The car lot that did the in house financing has it well documented that while i was the “owner”, she was the one they would contact for monthly payments. Do i have a chance in a small claims court. I don’t want damages for her ruining my credit, I just want it payed off.
Asked on June 26, 2011 under Bankruptcy Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It doesn't matter whether your mother was supposed to make the payments; all that matters is who was on the loan or financing. If you were the one responsible under the financing arrangement, then you are the one who could be sued by the lender and also the one who's credit is at stake.
If you and your mother had an agreement that she would pay you for the car or make the car payments in exchange for its use, you should be able to use her under that agreement for the money she owes. However, you will have to sue her to get it; and if it was an oral or verbal agreement, note that it may be difficult to prove if she denies its existnece. In the meantime, though, the lender will likely be going after you, unfortunately. If you want to preserve your credit, you may wish to pay the loan, etc. off--or work out a deal with the lender to do so--while you are suing your mother.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.