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What else can I help you with?
If you sent a payment to the bank clearly noted for a car loan but they deposited it in your account instead and then your car was repossessed can you sue the bank?
It depends. What was the result of that error being made? Was your vehicle repossessed because the payment went to the wrong account? As far as "legally filing a lawsuit" you can do that to anyone for anything. Most banks will rectify the mistake by correcting the routing of that deposit and clearing the late fee if they see that the payment was received on or before the due date. However, they can tell if it was an honest error or if you are trying to slip one by on them.
Case problem lawsuit defense strategy?
Case Study : Lawsuit Defense Strategy
What is a lawsuit settlement loan, and how and where would you get one?
A lawsuit settlement loan is a loan offered to individuals that need money for a lawsuit settlement. One way to go about getting one is the visit LawsuitFunding at lawsuitssettlementfunding.com and apply for their lawsuit settlement loans.
Where can one find more information about lawsuit loans?
One can find more information about lawsuit loans on the 'Global Financial Justice' website. They have information about why one might need a lawsuit loan and how to go about it.
When a defaulted secured loan is charged off and the property isn't repossessed but the account is turned over to an attorney do you still have to pay the loan?
Absolutely, a charge off does not affect the validity of a debt. The issue of the account being referred to a collections attorney or law firm may indicate that the creditor has decided to file a lawsuit or enter into arbitration action to recover the debt.
What can a cosigner do after a car is repossessed Can they sue the primary signer?
Seems pointless to even consider. If the primary signer didn't have enough funds to make the car payments, they probably will not have enough funds to pay any lawsuit you charge them with. Fact is, if the primary signer defaulted on payments, then the cosigner would be responsible for making them - If repossession occured, then it was due to the fault of the cosigner .. can't sue yourself.
How do you take a car from the owner if you are a cosigner?
Unless you are also on the title you will need to do it through a lawsuit.
What are the rights of borrowers when the cosigner is considering a lawsuit to force them to take a second mortgage so the cosigner can recover money paid because the mortgage was defaulted on?
The cosigner has the right to file a lawsuit against the primary borrower's to recover his or her financial losses due to the defaulted lending agreement. The procurement of a second mortgage does not seem viable if the primary borrower's credit was not originally sufficient for them to obtain the loan without the need of a cosigner. It is more likely the house will have to be forfeited by means of foreclosure and the cosigner will have to try to recover losses by other means. The primary borrower's best choice is to obtain legal advice as to what their options are before a lawsuit is filed against them.
Can your wages be garnished for a vehicle that was repossessed 7 years ago?
A creditor cannot garnish your wages unless they file a lawsuit and obtained a judgment against you. The time deadline to file a lawsuit will vary by state.
What rights does a cosigner have to gain possession of the vehicle if he paid off the loan without your knowledge and the title is in your name only?
If a cosigner's name is not on the title they have no legal claim to the vehicle. They can file a lawsuit against the primary borrower to recover money that they contributed towards the paying of the loan.
How do you the cosigner sue primary borrower?
The cosigner contacts an attorney who will process the paper work for him. Or, the cosigner can file the suit (foolishly) pro se (on your own). Or, the cosigner can file the suit in small claims court. What is important is that the cosigner can show significant and real damages before filing, or hope he is not filing in a state that will bring criminal charges for filing a frivolous law suit.
What judgment must be entered for a cosigner to begin a lawsuit against the primary borrower?
There is a bit of confusing concerning the terminology used in the question. A judgment writ is issued to the plaintiff if the lawsuit is won. The judgment can then be executed pursuant to state statutes. The process of filing a lawsuit can begin by contacting the clerk or the administrator of the court of jurisdiction or by retaining legal representation.
Can a lawsuit against a defendant be filed in a different county?
The court where the lawsuit is filed must have jurisdiction. One of the persons in the lawsuit must either reside there, or the cause of the lawsuit had to occur there.
If the cosigner sues the primary and the primary has never defaulted on the loan will they be likely to win?
If the cosigner has not been financially impacted by the actions of the primary borrower, then there is not valid grounds for a lawsuit. This does not mean the suit could not be brought, but the plaintiff would be wasting time and money as a judgment cannot be awarded where damages have not occurred.
Can a cosigner of an apartment sue the people he cosigned for after they were evicted and left him to pay unpaid rent and other fees?
Yes, a cosigner of an apartment can potentially sue the individuals they cosigned for if they were evicted and left with unpaid rent and fees. However, the success of the lawsuit would depend on the terms of the cosigner agreement, state laws, and individual circumstances. It is recommended to consult with a lawyer to understand the specific legal options and remedies available.
What steps need to be taken to sue a cosigner?
To sue a cosigner, you should first review the loan agreement to understand the terms and obligations of the cosigner. Next, attempt to resolve the issue amicably through communication or mediation. If that fails, gather all relevant documentation, such as the loan agreement and any payment records, and consult with an attorney to assess the viability of your case. Finally, file a lawsuit in the appropriate court, ensuring you follow all legal procedures and deadlines.
How do you file a lawsuit against someone in a different state?
see a lawyer
