Legal Question in Elder Law in Florida

82 year old male has to cancel automobile lease

82 yr. old man with heart problems (valve replaced),altzheimers, diabetic condition has been told by doctors to give up driving. In Nov. 2000 this man entered into a 4 year lease, to lease a new Toyota.

He entered on his own with no co-signer to contract. This person (My Father-in Law)lives with us and he ownes no real estate or bank accounts. His only income is $900.00 monthly from Social Security. Advise us how to proceed with returning the car to the leasing company??? Do we need a lawyer???


Asked on 9/05/01, 2:45 pm

1 Answer from Attorneys

Harry Margolis Margolis & Bloom, LLP

Re: 82 year old male has to cancel automobile lease

Based on what you say, you should be able to return the car to the dealer and inform them that your father-in-law is "judgment proof." This means that the dealer may have a legitimate claim against him for the balance of the lease, but there's no money available to pay them even if they won a lawsuit. You could convey this information to the dealer yourself. But you may be more comfortable and the dealer may be more responsive if you have a lawyer representing you.

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Answered on 10/25/01, 8:37 am


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