Legal Question in Credit and Debt Law in Wisconsin

My husband (arguably) owes his mother money, but never signed anything agreeing to pay her back. Can she sue him? She also got him to sign his car over to her by agreeing to give him an old beat up car in exchange without car payments, but lied and just took his car which he's paid thousands into.


Asked on 8/27/14, 2:54 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Anyone can sue, but the better question is whether or not they will win. Signing over a car with a lien on it, however, may not have much value depending upon how big the loan is, so it might not be worth the fight right now for either of them. Since you filed this as a bankruptcy question, however, I am guessing that a bankruptcy filing is also being considered. If so, you should know that any transfers to relatives or payments on debts to relatives for up to four years before filing, can lead to a fraudulent conveyance claim by the trustee to get that money back and share it more evenly with the other creditors who were not paid. Speak with an experienced bankruptcy attorney before making a decision on whether or when to file.

Do not assume that I am your attorney due to this answer, but feel free to call my office in Racine (262-633-3090 or email [email protected]) for clarifications or further questions. Otherwise, I would not be taking any further action on your case. See me on the web at www.jayknixonlaw.com. View my past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency , or http://www.lawguru.com/answers/search/attorney/jknixon.

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Answered on 8/28/14, 5:10 am


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