What are my options if I got a summons to appear in court for a past due loan that someone else is supposed to pay?
I put a car and loan in my name for my granddaughter and gave her full possession of the car. She fell behind in payments without informing me and the car was eventually confiscated, ruining my credit. Now four months later I receive a $7000 summons to appear in court. I am on a fixed income and am unable to pay this. My granddaughter is no account but currently has a job. Is there anyway to get her called into the court instead or with me? What do I do? I am going to answer the summons but I would like to know specifically what my options are?
Whether or not your granddaughter is supposed to pay, it is your name on the loan. Therefore, you are the person legally obligated to pay the loan and the person the lender can look to collect from or sue. Legally, the lender cannot go after your granddaughter or call her into court--regardless of her moral obligation, she has no legal obligation to the creditro. Therefore, you will need to answer the summons, and you will have to find a way to pay the loan--or else, you will be in default, and the creditor can try to garnish wages, put a lien on your property, or reposses the car.
If your granddaughter will not voluntarly either make loan payments for you or reimburse your payments, you may have to sue her to get the money. Howeve, that itselt could be tricky if you do not have a promissory note or contract between two of you obligating her to pay you.