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  1. #1

    Default Co-Signer Repossession

    My question involves judgment recovery in the State of: Tennessee. My mother thought she was co-signing for a friend to purchase a car. She asked the car dealer after signing papers " Now I am the Co-Signer" on this note, to which he replied "yes." Turns out they decided to put the car in full into my mother's name. Last spring the bank came to reposses the car, and mom had to track down where it was for them, and make "Angie's" son bring the car back home from the beach for the bank to take ownership of the car. Now the bank has sold the car, and there is still a balance on it to which they are sueing my mother. Angie will not take her phone calls, and now my mother has NO CHOICE but to pay what can be up to $25K for this car that she has never even rode in. I want to help my mother inflict as much pain on Angie as she has endured, but there is no way of ruining her credit as my mother's now is. What can we legally do about this? Any help is appreciated, I am at a loss.
    1) Can we get a judgement against her for what mom has to pay
    2) Can the car dealership be sued for putting the car in my mom's name solely without her consent
    3) Bankruptcy is not even an option because her house is almost paid off, her car will be paid off next year, and she owns too much to file, so is there any other options to hurt Angie as my mother has been hurt?

    Thanks in advance for your help

  2. #2
    Join Date
    Jan 2006
    Posts
    20,757

    Default Re: Co-Signor Repossession

    .
    1) Can we get a judgement against her for what mom has to pay
    possibly but $25k is beyond any small claims limits I am aware of so that would most likely mean hiring an attorney to help her.


    2) Can the car dealership be sued for putting the car in my mom's name solely without her consent
    are you claiming mom did not sign papers that would cause them to put the car in her name? If so, then possibly. Mom needs to read the papers she signed. I suspect she misunderstood what she was signing.


    3) Bankruptcy is not even an option because her house is almost paid off, her car will be paid off next year, and she owns too much to file, so is there any other options to hurt Angie as my mother has been hurt?
    I won't go there.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  3. #3
    Join Date
    Aug 2009
    Location
    Arizona
    Posts
    8

    Default Re: Co-Signor Repossession

    You certainly can sue "Angie", but weather you prevail will depend on what it is that she signed. That is where your research should begin. The car dealer should help you to get the paperwork if your Mother did not retain a copy.
    With that said, if "Angie" needed a co-signer, does she really have the ability to repay your mother even if she did prevail? If you can garnish wages in TN, and "Angie" has a job (long time job is better) than that can be considered an asset to go after.
    You wouldn't need to have an attorney as anyone has the right to represent themselves pro per or pro se, but any court will hold her to follow the rules of the court.

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