Legal Question in Civil Litigation in California
Fraud
My son, who we think is mentally ill, conned (lied) my husband into co-signing for a car. He is constantly past due, in deep debt, and is hiding from everyone - even us. We do not want to spend the next 3yrs. making payments on this loan and would like the car reposessed. The bank wont do it unless he approves, and he won't. Do we have any recourse? He lives in San diego and we live in Kansas
3 Answers from Attorneys
Re: Fraud
Generally speaking, if car payments are not made, the lender will repossess the car - with our without the owner's (or co-owner's) consent. One of many things to consider is that your husband's credit rating may be negatively affected.
Good luck! Feel free to contact my office if you need assistance.
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Re: Fraud
If your husband is a registered owner of the car, then he can take possession of it and drive it around. A repossession is not a very good idea because it will leave your husband liable for a deficiency which is usually over $10,000 after costs and attorney fees are tacked on. Unless your husband wants to file bankruptcy, looks like he is stuck with the payments. He could always sue you son for reimbursement.
Re: Fraud
You may attempt to sue for possession of the automobile as it was represented to you that your son would make the payments and he does not. Call me directly.
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