Can I Be Sued

howcouldi · #1 04-18-2009, 09:58 PM

My question involves an auto loan or repossession in the State of: Texas. I'm in Indiana. I have an auto loan in my name for a car that a company is leasing for me. The company had the lessee & I to sign a contract. In the contract the lessee agreed to pay for sales taxes. It has now been 1 year. Not only has the sales taxes not been paid, monthly payments has stopped. The contract also states that the company will make payments if lessee fails to. I advised the lessee to talk to the company. The company also was to repo the car and find another lessee. That has not happend. The lessee refuses to talk to the company and just want to sue me. I am in the process of doing bankruptcy and has no money for this matter. I do know that I am legally respondsable for the taxes. At this time I do not know how to handle the taxes. The lendor will not go and get the car, but will take it back.I just want the lendor to get the car and work my way out of this nightmare. Please help me get out of a very, very stupid thing.

Mr. Knowitall · #2 04-20-2009, 09:26 PM

So, if I understand, you own a car that is subject to a loan (from the lender). You contracted with a leasing company to lease the car to somebody else. There is a person (the lessee) who is leasing the car through the company (the lessor), but has not paid the sales tax and is not making payments.

The lessee wants to sue you for... something you haven't told us about? Your failure to make payments on the car loan? Is that why they've stopped making lease payments - they're concerned that you're behind on your payments and the car will be repossessed?

Why not have your lessor company repossess the car and give it back to the lender, then seek to discharge your obligations to the various parties involved through your bankruptcy? You should make sure your bankruptcy lawyer is aware of what's going on.

howcouldi · #3 04-21-2009, 12:00 AM

As far as the payments, they were being made by the lessee, not me.The lessee want to sue me because the taxes has not been paid and do not have a plate. In other words the car can not be driven.The contract states that the lessee is to pay for them. I just think that the lessor company is the one the lessee should be trying to sue and not me. The lessor company is doing little of nothing to help me.

Mr. Knowitall · #4 04-21-2009, 05:13 AM

So the car's been sitting around somewhere for a year, because it doesn't have plates? Why did you wait so long to act instead of, for example, asking your lessor to take the car back and lease it to somebody else? If in fact the contract requires the lessee to pay the sales tax, why do you think the lessee should sue the lessor?

Again, why not have your lessor company repossess the car and give it back to the lender, then seek to discharge your obligations to the various parties involved through your bankruptcy? You should make sure your bankruptcy lawyer is aware of what's going on.

howcouldi · #5 04-21-2009, 07:07 PM

My bankruptcy lawyer is aware of what's going on. I really don't think the lessee should try to sue anyone due to the fact that they signed a contract saying that they will pay for those items. Now they do not want to pay for them and is trying to get me to pay for them because the are afraid to deal with the company that submitted the contract that they signed. I just believe that if the are having a problem with the contract that they should contact the leasing company. Today I made another call to the lender. Now they claim that someone will contact me tomorrow about doing the repo. Will call them back if the do not contact me. Keeping my fingers cross that it gets done.

howcouldi · #6 05-20-2009, 11:32 AM

Okay, my lawyer said that since a mandatory repo should be done soon that I should just let that take place. Well, whenever I talk to a rep from the loan company I am told somtimes something different. Some agree with my lawyer and then there are those that say they still will not go get the car. I just want this nightmare over. What I want to know is what I would need to if I just went to TX and get the car. I don't want to just take off in this car with possibly has no plate on it.The car is still not registered. The loan company did send the info to register the car to the local DMV. The DMV sent it back to the loan company saying they need to make corrections. Now considering what is going on they may not send anything to the DMV. All I have is the loan info with the vin number.Is the anything that I need to get (court order)? I was told that if I go through the courts that it will cost time and money (that I do not have)because of the different states.

aaron · #7 05-20-2009, 11:55 AM

You're going to take it and then what? Drive it back to Indiana without plates or insurance?

howcouldi · #8 05-20-2009, 04:34 PM

If I'm able to go to TX and take the car I would like the loan company to pick it up from me in TX since it may have no plates on it. I just don't know if I would be cosidered breaking any law by doing this.

howcouldi · #9 05-27-2009, 09:06 PM

Tonight the repo man came to my house. He said that they also have the address of the person in TX that has the car. I pray that they get it tonight. If the car is not given up the repo man said that I can go to jail. Is this true?

howcouldi · #10 06-15-2009, 05:05 AM

I cannot beleive that the lendor has not picked up this car yet. They have spoken to the person that has it. That person will not give it up. My bankruptcy lawyer says not to worry about it. That's not easy to do. My case is to be filed next week.