Can I sue my mom for auto loan debt?

[Dude_In_Texas_92]

You could have problems if you lied on the loan documents.

Was afraid of that.

 

[Just Blue]

Yeah, it was pretty sketchy all the way around. My mom had conversed with the guy selling us the car before we sat down to do paperwork. I can't remember exactly what he said but pretty much told me to make up a job title and annual income.

Ahhh...So you committed felony fraud. That will come up in the law suit.

 

[Dude_In_Texas_92]

Ahhh...So you committed felony fraud. That will come up in the law suit.

Yeah I guess my mom covered her bases pretty well.

 

[Just Blue]

Yeah I guess my mom covered her bases pretty well.

Huh? You willingly signed the forms. You didn't mention having a gun to your head ...

 

[Taxing Matters]

Would a small claims court be able to outline a system of repayment? Like let's say she can't afford to lay down the lump sum so could they say, "you must pay back $300 until the sum of $9000 is fulfilled"? I just want to make sure some bases are clear before I take any steps forward. I truly appreciate your knowledge!

Not in Texas. There are a few states in which a court may impose a payment plan, but from what I can see Texas is not one of them. The court simply hands you a judgment stating she owes you $x. It then is on you to collect it. You could of course let her pay you on installments if you wanted, but the court isn't going to enforce that agreement with contempt sanctions like it would a child support order.

 

[quincy]

I recommend you speak to a lawyer in your area and explain to the lawyer how you managed to qualify for the car loan. The car dealer should never have advised that you lie on the loan documents.

In other words, there is more here than a defaulted loan and a potential lawsuit against your mother.

 

[Dude_In_Texas_92]

Not in Texas. There are a few states in which a court may impose a payment plan, but from what I can see Texas is not one of them. The court simply hands you a judgment stating she owes you $x. It then is on you to collect it. You could of course let her pay you on installments if you wanted, but the court isn't going to enforce that agreement with contempt sanctions like it would a child support order.

Thank you.

 

[Dude_In_Texas_92]

I recommend you speak to a lawyer in your area and explain to the lawyer how you managed to qualify for the car loan. The car dealer should never have advised that you lie on the loan documents.

In other words, there is more here than a defaulted loan and a potential lawsuit against your mother.

Mmmm okay. I think I may do that. I really appreciate you being concise and not being a troll. Much appreciation.

 

[quincy]

Mmmm okay. I think I may do that. I really appreciate you being concise and not being a troll. Much appreciation.

Haha. I appreciate you thanking me for not being a troll.

 

[Just Blue]

Trolls aren't allowed to post on Free Advice.

And Dude? I'm sure you are greatful to me for pointing out the felony so you didn't (literally) get busted in civil court. You're welcome!!

 

[Zigner]

Mmmm okay. I think I may do that. I really appreciate you being concise and not being a troll. Much appreciation.

As far as I can tell, no trolls have posted on this thread.
You are (and were in 2014) an adult. You chose to commit fraud and also chose to sit back and do nothing to help yourself in this matter. You could (and should) have dealt with this before you lost your job and definitely long before the car was repossesed. You are now a 26 year old man (give or take)...isn't it time you took responsibility for yourself?

 

[quincy]

A good first step for Dude to take is to speak to a Texas attorney to see what legal options are available to him.

 

[cbg]

I have yet to hear of a car loan being approved without employment being verified.

 

[quincy]

I have yet to hear of a car loan being approved without employment being verified.

There are some shady car dealers that finance car sales. Dude (apparently) ran across one.