Legal Question in Consumer Law in Illinois

contract fraud

it has recently come to my attention that GMAC, whom I am financing a vehicle through, says that I have a co-signer on my contract... The contract that I signed was the only one presented to me and my so-called cosigners' is nowhere on it typed or written. They have also tacked on an insurance charge which raised my monthly payment because they say I did not have the vehicle insured, my insurance agent has faxed the appropriate documentation and spoke with them on several occasions (at least 3 times). I have informed them that I am disputing the extra charges and therefore not paying the extra amount added to the payment. This more than likely has caused them to damage my credit rating. My question is: is the contract even binding given the fact that the only way a co-signer could get on the contract is through fraud? And what can I do if they damage my credit rating?


Asked on 2/11/03, 11:26 pm

4 Answers from Attorneys
Thaddeus Hunt Law Offices of Thaddeus Hunt

Re: contract fraud

As I practice in Illinois, I cannot speak as to the laws in Michigan. No court that I know of will enforce a provision in the contract that was obtained through fraud. The key issue is that you have to prove fraud. If GMAC acted in a fraudulent manner, then you might be able to recover some form of damages. It is possible there is an action for misrepresentation. You need to check the applicable statute of limitations to see if you can still file an action.

Hope this helps.

Sincerely,

Thaddeus J. Hunt, Esq.

Disclosure: Nothing herein shall be construed as legal advice or the creation of an attorney-client relationship.

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Answered on 2/11/03, 11:41 pm
Kenneth J. Ashman Ashman Law Offices, LLC

Re: contract fraud

In furthering the answer of Mr. Hunt, I'll start by saying that I too am not licensed in Michigan and profess no knowledge of its laws. That said, I am not so certain that any fraud was procured on you, even if what you say is true. Surely, the co-signer, whoever s/he is, would have a valid defense of forgery to enforcement of the contract against him/her, but, as to you, you seem primarily liable. This is one of those situations where one would need to read the contract at issue and investigate all of the relevant facts before coming to any solid conclusion.

-- Kenneth J. Ashman; www.AshmanLawOffices.com

This communication is intended for general informational purposes only and is not intended to create an attorney-client relationship, which, under the policies of Ashman Law Offices, LLC, can only be created by execution of a formal retention agreement.

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Answered on 2/12/03, 1:28 am
Mary McDonagh McDonagh-Faherty Law Offices

Re: contract fraud

I agree with the other answers - try to contact a Michigan attorney - and review your contract

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Answered on 2/12/03, 1:50 pm
Gregory J. Roth Gregory J. Roth, PLLC

Re: contract fraud

The co-signer issue seems to be an irrelevant one. Whether or not a co-signer is liable under what appears to be a contract between you and GMAC is the co-signer's issue, not yours. It sounds as if you are not disputing the contract but just the added charges, and potentially consequences for your credit for not paying them. I would need to review the document at issue to give you further advice. If you need assistance, plase contact me at www.lawgreg.com.

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Answered on 2/12/03, 5:10 pm


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