Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Banking & Credit Cards

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 04-14-2003, 11:24 PM
pudge
Guest
 
Posts: n/a

car loan/title


What 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??????
  #2  
Old 04-15-2003, 09:07 AM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
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.
  #3  
Old 04-17-2003, 11:37 AM
pudge
Guest
 
Posts: n/a

car loan/title


the 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?
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 03:57 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.