nerdo said:
My wife has a non-jury trial coming up for a car lease repo that she signed for her dad. I understand that it is legally my wives responsibility since her name is on the agreement not his. Should she go to court and explain her situation, or contact the other party and attempt to settle to avoid any more fees to accrue? We are thinking of suing her dad but that could result in family problems worse than they already are. Any suggestions?
My response:
Pay the debt, now. It gets worse the farther you get.
Why would you want her to sue her father ?
You never mentioned that she had a written contract with her father so, under the Statute of Frauds, she has no claim against her father. And, oral agreements in this type of a scenario does not help her at all. In the final analysis, all because she let him drive her car doesn't mean he owes her one, red, cent.
But, from a familial standpoint, now you know never to do business with, or trust, a man who'd let his own daughter swing from a flagpole. Her father couldn't care less about his daughter, and the fact that she's being sued, and has ruined her credit.
Some father.
IAAL