I have court today

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • firedawg
    BARRELED IN @ SBR!
    • 10-08-08
    • 39219

    #1
    I have court today
    Sbr lawyers chime in

    Long story short
    About a year ago I went to co sign on an automobile for my oldest son (against my better judgement)
    I did provide my social at beginning of deal
    Half way through the process I was called into work for an emergency
    I NEVER signed for the loan
    My son got a car
    I later asked him how he got the vehicle and he said they did the deal with him only

    5 months later he totals the car
    Turns out he did not purchase gap insurance which I would of never allowed
    So I get certified mail 3 months ago from an attorney coming after me as well
    I had provided signatures, a police affidavit, and my statement to the loan company explaining I did not sign
    So today I go to court over this disaster
    Am I liable even though I did not sign?
    Does not seem right to me


    Thanks
  • Big Bear
    SBR Aristocracy
    • 11-01-11
    • 43253

    #2
    Originally posted by firedawg
    Sbr lawyers chime in

    Long story short
    About a year ago I went to co sign on an automobile for my oldest son (against my better judgement)
    I did provide my social at beginning of deal
    Half way through the process I was called into work for an emergency
    I NEVER signed for the loan
    My son got a car
    I later asked him how he got the vehicle and he said they did the deal with him only

    5 months later he totals the car
    Turns out he did not purchase gap insurance which I would of never allowed
    So I get certified mail 3 months ago from an attorney coming after me as well
    I had provided signatures, a police affidavit, and my statement to the loan company explaining I did not sign
    So today I go to court over this disaster
    Am I liable even though I did not sign?
    Does not seem right to me


    Thanks
    No sir, if you did not sign then you have nothing to worry about.

    just a heads up though dress nice and comb your hair.

    Once I got kicked out of court for showing up in gym shorts
    Comment
    • MinnesotaFats
      SBR Posting Legend
      • 12-18-10
      • 14758

      #3
      Are you 100% positive your son didn't forge your signature at the time you left?

      If they don't have an actual document with your signature on it then you should be able to get out of this mess, however, if they do have a doc, even just one, then the case shifts to one of 'human error' and not contract law. They will say that both parties intended to do this deal, you provided information and a signature, and some error in clerical work accounts for the lack of multiple signatures.

      Worst case you will have a judgment for the loan less the salvage value of the car, and it'll knock your credit a few points.
      Comment
      • firedawg
        BARRELED IN @ SBR!
        • 10-08-08
        • 39219

        #4
        Originally posted by Big Bear
        No sir, if you did not sign then you have nothing to worry about.

        just a heads up though dress nice and comb your hair.

        Once I got kicked out of court for showing up in gym shorts
        For some reason I think this is false
        I do not trust these fukks
        Comment
        • firedawg
          BARRELED IN @ SBR!
          • 10-08-08
          • 39219

          #5
          Originally posted by MinnesotaFats
          Are you 100% positive your son didn't forge your signature at the time you left?

          If they don't have an actual document with your signature on it then you should be able to get out of this mess, however, if they do have a doc, even just one, then the case shifts to one of 'human error' and not contract law. They will say that both parties intended to do this deal, you provided information and a signature, and some error in clerical work accounts for the lack of multiple signatures.

          Worst case you will have a judgment for the loan less the salvage value of the car, and it'll knock your credit a few points.
          I did ask
          I was provided a digital signature
          I never signed
          These fukks are ruining my credit also
          I forgot to mention that
          Comment
          • MinnesotaFats
            SBR Posting Legend
            • 12-18-10
            • 14758

            #6
            You gave them a digital signature?

            Game over... try to settle for less- 60 cents on the dollar in 1 cash pmt or get some more favorable terms

            I own a chain of payday loan stores, do this all the time. 1 signature = intent & good faith contract
            Comment
            • firedawg
              BARRELED IN @ SBR!
              • 10-08-08
              • 39219

              #7
              Originally posted by MinnesotaFats
              You gave them a digital signature?

              Game over... try to settle for less- 60 cents on the dollar in 1 cash pmt or get some more favorable terms

              I own a chain of payday loan stores, do this all the time. 1 signature = intent & good faith contract

              No
              I didn't give them any sig
              When I requested to see where I signed
              They sent a document with my initials digitally signed
              Comment
              • Big Bear
                SBR Aristocracy
                • 11-01-11
                • 43253

                #8
                oh snap a digital signature?

                like a docusign?

                hmmm

                I wouldnt say game over. I’m in sales and I have my customers do a digital signature at the time of purchase but then I don’t get commission unless the installer collects a physical signature

                so I think companies want that physical signature often to not leave any grey area

                whatever happens it will be okay. Think positive.
                Comment
                • MinnesotaFats
                  SBR Posting Legend
                  • 12-18-10
                  • 14758

                  #9
                  Originally posted by firedawg
                  No
                  I didn't give them any sig
                  When I requested to see where I signed
                  They sent a document with my initials digitally signed
                  That's called a docu-sign

                  Very common in R/E transactions today

                  They are legally accepted, however, there should be at least one page with a full signature (even in digital form) is provided. The initials by themselves next to a bunch of numbered boxes and paragraphs should not constitute evidence of a contract unless there is some section of that note that states your identity and is followed by a full signature- even a docu-sign version

                  In addition, if you believe they faked that document, you could ask for verification of the original docu-sign. Upon completion of those docs they are instantly e-mailed to the parties involved. That time stamp, or lack thereof, might be enough proof to get you off the hook.
                  Comment
                  • jjgold
                    SBR Aristocracy
                    • 07-20-05
                    • 388179

                    #10
                    It’s a tough call but you got a hold strong here guy don’t let them bully you
                    Comment
                    • firedawg
                      BARRELED IN @ SBR!
                      • 10-08-08
                      • 39219

                      #11
                      Only thing I signed was consent to check my credit for co sign purpose
                      That's it
                      I should of never got involved
                      These crooks might piss me off and I'm liable to wait outside the court house to smash a fool
                      Comment
                      • firedawg
                        BARRELED IN @ SBR!
                        • 10-08-08
                        • 39219

                        #12
                        Originally posted by jjgold
                        It’s a tough call but you got a hold strong here guy don’t let them bully you
                        JJ
                        Nobody backs me down pal
                        Comment
                        • kidcudi92
                          SBR Posting Legend
                          • 12-14-11
                          • 15434

                          #13
                          Morono check in
                          Comment
                          • A Quant
                            SBR MVP
                            • 05-14-18
                            • 1357

                            #14
                            Why are you going to court without an attorney, to square off against professional attorneys?

                            That is a negative ROI.
                            Comment
                            • firedawg
                              BARRELED IN @ SBR!
                              • 10-08-08
                              • 39219

                              #15
                              Originally posted by A Quant
                              Why are you going to court without an attorney, to square off against professional attorneys?

                              That is a negative ROI.
                              I don't know if I need one?
                              This is all new to me
                              And I didn't sign shit
                              Comment
                              • Chi_archie
                                SBR Aristocracy
                                • 07-22-08
                                • 63167

                                #16
                                whatever you do

                                don't let them get away with it

                                don't get bullied

                                be tough

                                if you need to dish out street justice because the court doesn't give you justice

                                I think we all expect you to do that for yourself and your son
                                Comment
                                • mikejamm
                                  SBR Posting Legend
                                  • 08-24-09
                                  • 11045

                                  #17
                                  Good luck FD! If you didn’t co-sign, I’d fight those sob’s til the bitter end! Definitely sounds like they’re trying to scam you on the hook for the loan along with your son. Did he not have full coverage insurance, which is usually required for most auto loans?

                                  I wouldn’t do the “street justice” thing. The last thing you need is an assault charge. Even if you say something to them about physical violence, they can get you for terroristic threatening.

                                  Handle it legally bro. You do have rights when it comes to finance contracts.
                                  Comment
                                  • firedawg
                                    BARRELED IN @ SBR!
                                    • 10-08-08
                                    • 39219

                                    #18
                                    Originally posted by mikejamm
                                    Good luck FD! If you didn’t co-sign, I’d fight those sob’s til the bitter end! Definitely sounds like they’re trying to scam you on the hook for the loan along with your son. Did he not have full coverage insurance, which is usually required for most auto loans?
                                    Yes
                                    But no GAP
                                    Comment
                                    • RangeFinder
                                      SBR Hall of Famer
                                      • 10-27-16
                                      • 8041

                                      #19
                                      Make sure you let them know that digital signature was for a credit check and not the contract for the loan. I think you need to talk to uour son and ask him exactly what took place the day he was approved for the loan. Very strange that all of the sudden the bank or whoever was processing the loan didn't require a co sign. Somebody forged those docs and you need to find out who.
                                      Comment
                                      • RudyRuetigger
                                        SBR Aristocracy
                                        • 08-24-10
                                        • 65084

                                        #20
                                        let us know how it turns out bro
                                        Comment
                                        • firedawg
                                          BARRELED IN @ SBR!
                                          • 10-08-08
                                          • 39219

                                          #21
                                          Originally posted by RudyRuetigger
                                          let us know how it turns out bro
                                          2pm court
                                          I will
                                          Comment
                                          • d2bets
                                            BARRELED IN @ SBR!
                                            • 08-10-05
                                            • 39995

                                            #22
                                            They must have filed a lawsuit and attached everything. Read it all front to back. Is there a digital signature in the spot for the loan? Did you sign the same page as your son did?

                                            And you don't just handle it by standing in court and explaining. You need to file a written answer to the complaint and then you can include the fact that you didn't sign as an affirmative defense.
                                            Comment
                                            • firedawg
                                              BARRELED IN @ SBR!
                                              • 10-08-08
                                              • 39219

                                              #23
                                              Originally posted by d2bets
                                              They must have filed a lawsuit and attached everything. Read it all front to back. Is there a digital signature in the spot for the loan? Did you sign the same page as your son did?

                                              And you don't just handle it by standing in court and explaining. You need to file a written answer to the complaint and then you can include the fact that you didn't sign as an affirmative defense.
                                              I submitted a statement to the court a few months ago
                                              Then I got the court date
                                              The paperwork they submitted with lawsuit has my initials digitally signed
                                              Nothing more
                                              Comment
                                              • SEAHAWKHARRY
                                                BARRELED IN @ SBR!
                                                • 11-29-07
                                                • 26068

                                                #24
                                                Good luck dawg hope you win
                                                Comment
                                                • d2bets
                                                  BARRELED IN @ SBR!
                                                  • 08-10-05
                                                  • 39995

                                                  #25
                                                  Originally posted by firedawg
                                                  I submitted a statement to the court a few months ago
                                                  Then I got the court date
                                                  The paperwork they submitted with lawsuit has my initials digitally signed
                                                  Nothing more
                                                  What did you submit? Did the other side file a reply?

                                                  How about try "I didn't sign on the line, so I don't owe a dime".
                                                  Comment
                                                  • firedawg
                                                    BARRELED IN @ SBR!
                                                    • 10-08-08
                                                    • 39219

                                                    #26
                                                    Originally posted by d2bets
                                                    What did you submit? Did the other side file a reply?

                                                    How about try "I didn't sign on the line, so I don't owe a dime".
                                                    I submitted a statement to the court saying I didn't sign
                                                    Then I got a court date in the mail a week later
                                                    Comment
                                                    • cincinnatikid513
                                                      SBR Aristocracy
                                                      • 11-23-17
                                                      • 45360

                                                      #27
                                                      you didn't hire marino with his great ncaab record he would be a sure thing in court
                                                      Comment
                                                      • TheMoneyShot
                                                        BARRELED IN @ SBR!
                                                        • 02-14-07
                                                        • 28672

                                                        #28
                                                        Originally posted by firedawg
                                                        I submitted a statement to the court a few months ago
                                                        Then I got the court date
                                                        The paperwork they submitted with lawsuit has my initials digitally signed
                                                        Nothing more
                                                        Wish you luck Dawg... but if the initials are digitally signed... who else would of done it?

                                                        Is this a simple small claims court case? Or are you going to have an attorney present with you?

                                                        Somehow the plaintiff got their hands on some proof that you agreed to the contract.
                                                        Comment
                                                        • firedawg
                                                          BARRELED IN @ SBR!
                                                          • 10-08-08
                                                          • 39219

                                                          #29
                                                          Originally posted by TheMoneyShot
                                                          Wish you luck Dawg... but if the initials are digitally signed... who else would of done it?

                                                          Is this a simple small claims court case? Or are you going to have an attorney present with you?

                                                          Somehow the plaintiff got their hands on some proof that you agreed to the contract.
                                                          Bro
                                                          It was the dealer
                                                          A simple kw on a signature line not in my writing
                                                          How the hell am I liable?
                                                          That's why I'm going to court
                                                          It's bullshit
                                                          Comment
                                                          • Sam Odom
                                                            SBR Aristocracy
                                                            • 10-30-05
                                                            • 58063

                                                            #30
                                                            take Kurt Lauderdale with you... he is a bad ass and will take care of you in court

                                                            GL
                                                            Comment
                                                            • shadymcgrady
                                                              SBR Posting Legend
                                                              • 02-27-12
                                                              • 10036

                                                              #31
                                                              If you're going to court then what happened no longer really matters, it's mostly a formality at this point. Seek legal representation otherwise the attorneys on the other side are going to start salivating and licking their chops
                                                              Comment
                                                              • firedawg
                                                                BARRELED IN @ SBR!
                                                                • 10-08-08
                                                                • 39219

                                                                #32
                                                                Originally posted by Sam Odom
                                                                take Kurt Lauderdale with you... he is a bad ass and will take care of you in court

                                                                GL
                                                                He's out of FREE PLAYS
                                                                Comment
                                                                • RangeFinder
                                                                  SBR Hall of Famer
                                                                  • 10-27-16
                                                                  • 8041

                                                                  #33
                                                                  Originally posted by Chi_archie
                                                                  whatever you do

                                                                  don't let them get away with it

                                                                  don't get bullied

                                                                  be tough

                                                                  if you need to dish out street justice because the court doesn't give you justice

                                                                  I think we all expect you to do that for yourself and your son
                                                                  Don't ever take the law into your own hands. Not anything good comes from it.
                                                                  Comment
                                                                  • MinnesotaFats
                                                                    SBR Posting Legend
                                                                    • 12-18-10
                                                                    • 14758

                                                                    #34
                                                                    The docu sign documents should have a time stamp somewhere when they were completed. If not your fraud defense has a fighting chance

                                                                    If the docu sign documents don't have at least one page that identifies you, your address, your personal information and the note itself with a full signature (name spelled out, even if it is electrically done) then your fraud case improves to a coin toss

                                                                    If you can prove, by way of phone records, you were called away for this emergency and those phone records show you have left say, 30 mins or an hr before the document was signed (again, time stamp important here) then you have 3 viable proofs of fraud and 3 is key to defense!
                                                                    Comment
                                                                    • A Quant
                                                                      SBR MVP
                                                                      • 05-14-18
                                                                      • 1357

                                                                      #35
                                                                      Any court order to appear usually explains to you that you should/could have legal representation.

                                                                      I'd ask for a continuance to get yourself an attorney.

                                                                      The plaintiffs are not coming there to settle--- they are getting 150+/hr to bury you to the wall, and they wouldn't be there if they didn't have your signature (or someone signing for you).

                                                                      GET AN ATTORNEY.
                                                                      Comment
                                                                      SBR Contests
                                                                      Collapse
                                                                      Top-Rated US Sportsbooks
                                                                      Collapse
                                                                      Working...