Legal Question in Civil Rights Law in Arizona

Repossesion

I recieved money from a surrogate court, and I loaned money to my mother with the agreement that she would pay me back. I ask and ask and she refuses to pay. Can I take the car that was bought with the money? Or what should I concider doing?


Asked on 9/17/04, 12:02 am

1 Answer from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: Repossesion

Please retain an attorney immediately to assist you in resolving this issue.

You claim to have a loan agreement with your mother, and that she is now in default of the agreement.

You do not say whether the agreement was written or oral. You do not say whether you have a lien on the title to your mother's car.

The mere facts that you lent some money to your mother, she bought a car with it, and she won't pay back the loan, does not necessarily give you a legal right to the car--in fact, without more facts, it probably does not provide you with any basis to simply take the car.

You do have a right to file a lawsuit against your mother to attempt to get a judgment for repayment of the debt.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 9/17/04, 9:06 am


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