1. #1
    firedawg
    firedawg's Avatar Become A Pro!
    Join Date: 10-08-08
    Posts: 39,219
    Betpoints: 1066

    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

  2. #2
    Big Bear
    Love your neighbor
    Big Bear's Avatar Become A Pro!
    Join Date: 11-01-11
    Posts: 43,253
    Betpoints: 14

    Quote Originally Posted by firedawg View Post
    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

  3. #3
    MinnesotaFats
    MinnesotaFats's Avatar Become A Pro!
    Join Date: 12-18-10
    Posts: 14,757
    Betpoints: 1664

    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.

  4. #4
    firedawg
    firedawg's Avatar Become A Pro!
    Join Date: 10-08-08
    Posts: 39,219
    Betpoints: 1066

    Quote Originally Posted by Big Bear View Post
    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

  5. #5
    firedawg
    firedawg's Avatar Become A Pro!
    Join Date: 10-08-08
    Posts: 39,219
    Betpoints: 1066

    Quote Originally Posted by MinnesotaFats View Post
    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

  6. #6
    MinnesotaFats
    MinnesotaFats's Avatar Become A Pro!
    Join Date: 12-18-10
    Posts: 14,757
    Betpoints: 1664

    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

  7. #7
    firedawg
    firedawg's Avatar Become A Pro!
    Join Date: 10-08-08
    Posts: 39,219
    Betpoints: 1066

    Quote Originally Posted by MinnesotaFats View Post
    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

  8. #8
    Big Bear
    Love your neighbor
    Big Bear's Avatar Become A Pro!
    Join Date: 11-01-11
    Posts: 43,253
    Betpoints: 14

    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.

  9. #9
    MinnesotaFats
    MinnesotaFats's Avatar Become A Pro!
    Join Date: 12-18-10
    Posts: 14,757
    Betpoints: 1664

    Quote Originally Posted by firedawg View Post
    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.

  10. #10
    jjgold
    jjgold's Avatar Become A Pro!
    Join Date: 07-20-05
    Posts: 388,190
    Betpoints: 10

    It’s a tough call but you got a hold strong here guy don’t let them bully you

  11. #11
    firedawg
    firedawg's Avatar Become A Pro!
    Join Date: 10-08-08
    Posts: 39,219
    Betpoints: 1066

    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

  12. #12
    firedawg
    firedawg's Avatar Become A Pro!
    Join Date: 10-08-08
    Posts: 39,219
    Betpoints: 1066

    Quote Originally Posted by jjgold View Post
    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

  13. #13
    kidcudi92
    W and Based Poster
    kidcudi92's Avatar Become A Pro!
    Join Date: 12-14-11
    Posts: 15,434
    Betpoints: 1679

    Morono check in

  14. #14
    A Quant
    A Quant's Avatar SBR PRO
    Join Date: 05-14-18
    Posts: 1,227
    Betpoints: 4967

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

    That is a negative ROI.

  15. #15
    firedawg
    firedawg's Avatar Become A Pro!
    Join Date: 10-08-08
    Posts: 39,219
    Betpoints: 1066

    Quote Originally Posted by A Quant View Post
    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

  16. #16
    Chi_archie
    GASPING FOR AIR
    Chi_archie's Avatar SBR PRO
    Join Date: 07-22-08
    Posts: 63,130
    Betpoints: 2380

    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
    Nomination(s):
    This post was nominated 1 time . To view the nominated thread please click here. People who nominated: stevek173

  17. #17
    mikejamm
    mikejamm's Avatar SBR PRO
    Join Date: 08-24-09
    Posts: 10,852
    Betpoints: 1524

    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.
    Last edited by mikejamm; 02-12-19 at 07:41 AM.

  18. #18
    firedawg
    firedawg's Avatar Become A Pro!
    Join Date: 10-08-08
    Posts: 39,219
    Betpoints: 1066

    Quote Originally Posted by mikejamm View Post
    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

  19. #19
    RangeFinder
    RangeFinder's Avatar Become A Pro!
    Join Date: 10-27-16
    Posts: 8,040
    Betpoints: 2697

    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.

  20. #20
    RudyRuetigger
    Leave of absence until March Madness
    RudyRuetigger's Avatar Become A Pro!
    Join Date: 08-24-10
    Posts: 64,799
    Betpoints: 55

    let us know how it turns out bro

  21. #21
    firedawg
    firedawg's Avatar Become A Pro!
    Join Date: 10-08-08
    Posts: 39,219
    Betpoints: 1066

    Quote Originally Posted by RudyRuetigger View Post
    let us know how it turns out bro
    2pm court
    I will

  22. #22
    d2bets
    d2bets's Avatar SBR PRO
    Join Date: 08-10-05
    Posts: 39,777
    Betpoints: 21677

    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.

  23. #23
    firedawg
    firedawg's Avatar Become A Pro!
    Join Date: 10-08-08
    Posts: 39,219
    Betpoints: 1066

    Quote Originally Posted by d2bets View Post
    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

  24. #24
    SEAHAWKHARRY
    Northern Lights
    SEAHAWKHARRY's Avatar SBR PRO
    Join Date: 11-29-07
    Posts: 26,068
    Betpoints: 2385

    Good luck dawg hope you win

  25. #25
    d2bets
    d2bets's Avatar SBR PRO
    Join Date: 08-10-05
    Posts: 39,777
    Betpoints: 21677

    Quote Originally Posted by firedawg View Post
    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".

  26. #26
    firedawg
    firedawg's Avatar Become A Pro!
    Join Date: 10-08-08
    Posts: 39,219
    Betpoints: 1066

    Quote Originally Posted by d2bets View Post
    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

  27. #27
    cincinnatikid513
    contra spem spero
    cincinnatikid513's Avatar Become A Pro!
    Join Date: 11-23-17
    Posts: 45,361
    Betpoints: 100

    you didn't hire marino with his great ncaab record he would be a sure thing in court

  28. #28
    TheMoneyShot
    TheMoneyShot's Avatar Become A Pro!
    Join Date: 02-14-07
    Posts: 28,681
    Betpoints: 23701

    Quote Originally Posted by firedawg View Post
    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.

  29. #29
    firedawg
    firedawg's Avatar Become A Pro!
    Join Date: 10-08-08
    Posts: 39,219
    Betpoints: 1066

    Quote Originally Posted by TheMoneyShot View Post
    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

  30. #30
    Sam Odom
    Sam Odom's Avatar Become A Pro!
    Join Date: 10-30-05
    Posts: 58,063
    Betpoints: 37

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

    GL

  31. #31
    shadymcgrady
    shadymcgrady's Avatar Become A Pro!
    Join Date: 02-27-12
    Posts: 10,036
    Betpoints: 2978

    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

  32. #32
    firedawg
    firedawg's Avatar Become A Pro!
    Join Date: 10-08-08
    Posts: 39,219
    Betpoints: 1066

    Quote Originally Posted by Sam Odom View Post
    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

  33. #33
    RangeFinder
    RangeFinder's Avatar Become A Pro!
    Join Date: 10-27-16
    Posts: 8,040
    Betpoints: 2697

    Quote Originally Posted by Chi_archie View Post
    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.

  34. #34
    MinnesotaFats
    MinnesotaFats's Avatar Become A Pro!
    Join Date: 12-18-10
    Posts: 14,757
    Betpoints: 1664

    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!

  35. #35
    A Quant
    A Quant's Avatar SBR PRO
    Join Date: 05-14-18
    Posts: 1,227
    Betpoints: 4967

    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.

1234 ... Last
Top