I dont know what to do!!

My wife and i have recently found out that my wifes mother bought a car and put in my wifes name without our knowledge and she had no insurance and got into a crash. When the court was sending my wife certified letters to let her know of the court date to go to court for the crash her mother would sign for the letters and not give them to us. First of we never knew any of this until we aplied for a homeloan!! well know we have been sued and owe all this money but we are not at fault but we dont know of what to do are even what kind of lawyer to contact?? please help

Asked about 10 years ago in Chillicothe, California
Categories: Agricultural & Rural Law

Answer Now

Alexandria B. Skinner

Answer by Alexandria B. Skinner

VerifiedSouth Carolina lawyer

You have a serious problem!  You need to see a lawyer right away and get their advice about how to sort things out. 

It appears that you were sued in a TORT action and that a JUDGMENT was rendered against you which is now affecting your CREDIT.  If you fail to pay the money owed under the judgment, the creditor can attach a LIEN against all your property and sell it to ENFORCE the judgment.  In other words, you stand to lose a lot!  Depending on the size of the judgment, you could pay it, or it could be that filing an action for RELIEF FROM JUDGMENT or for BANKRUPTCY may be among your better options.

I am not in your jurisdiction so any answer is really only speculative on my part.  But, speaking as a lay person, I'm not optimistic about your case. To start with, you would be seeking to vacate a judgment based on lack of notice. This is not an easy task. If I were a judge, I'd be saying, "Yeah, right."  And then you'd be fighting an uphill battle to claim that it wasn't your car that was titled in your name. If I were a judge or juror, that argument wouldn't really float my boat, either.  Your "best bet," if you could call it that, might be to prove your mother in law was certifiably insane (bipolar perhaps, proven by psychiatric testimony) or that she was deliberately evil with a set plan in life of bringing you to financial ruin (proven perhaps by evidence that she had used all your charge cards without your permission, tried to run you over with the car, reported you to the SPCA for dog abuse, etc.). 

In other words, this is not looking good for you.  You do need help, more help than you can obtain on a free advice forum. 

Posted about 10 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Alexandria B. Skinner, or search the Lawyer Directory.

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