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#1
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car loan/titleWhat is the name of your state? Colorado I purchased a car from my aunt, she finanaced $8000, and I gave her a promissory note for the amount. I paid it off early and my aunt sent the title to me. several months have gone by and my aunt passed away and the personal representative of my aunt requested documentation on the payments made. I sent a copy of the car title that my aunt had given me when i had paid off the loan. the representative contacted me today and said that the title of the car didn't prove that the note was paid and that he considered that i still owed $3500. he also stated that as i was in my aunts will for $10,000 he would deduct the amount he felt that I owed from my inheritance. Can he do something like this without obtaining a judgment against me? What does prove that the car was paid off if not receiving clear title? How can he bring up something like this when my aunt was fine with it before she died? If he can't legally do this, is there a specific statute that he violated that I can look up?????? |
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#2
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| You need to produce proof of all your payments. Do you have copies of check, reciepts of any kind ?? The executor is correct, you're having the title isn't iron-clad proof the loan was paid off, she could have been doing you a favor and sent it to you anyway - at least in his mind.
__________________ "Knowledge is Power - use it as you see fit ! I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice. |
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#3
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car loan/titlethe estate battle has become very bitter, the bank that issued the checks via the online account only keeps the checks for a few months after the check is cashed so i am unable to get a copy of that. my aunt requested most of the payments in cash so that she would not have to travel to the bank (it was in another town) and she had a lot of difficulty getting around and her bank would hold the checks as it was issued from an out of state bank. i sent a couple money orders but this to required that my aunt travel in order to cash them. my aunts two children are hostile to me these days as they feel that my aunt had no right to leave me any money at all and want me to hand over my bank records. i really do not want to do that because of all the hostility. I would to a third party that is impartial like a judge which is why i am trying to find out if the loan is disputed how they can take they money my aunt left me without getting a judgment against me first? it just feel that my legal rights are being bypassed. My aunt didn't require a promissory note to begin with. (i insisted as her own children have taken advantage of her in the pased) She believed that by holding onto the title until the loan was paid was enough, like a receipt. i realize now that i should have asked for a bill of sale but her illness and death were sudden and she wouldn't have had the time to do it. can they keep the money that my aunt left me for payment on the car without getting a judgment first? |
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