Legal Question in Credit and Debt Law in Massachusetts

Car loans, contracts, convicts

Is it legal to contrive a straightforward contract in plain English so that an individual, not a relative, can assume responsibility for an automobile loan when the owner of current record cannot pay because they are incarcerated?


Asked on 1/23/08, 7:08 pm

2 Answers from Attorneys

JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: Car loans, contracts, convicts

In short, yes.

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Answered on 1/29/08, 11:31 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Car loans, contracts, convicts

Will your friend be taking possession of the automobile and paying the loan from his/her own funds?

Or is your friend simply going to be responsible for making payments with your own funds to the financing company on your behalf, and not taking possession? If this is the case, a limited power of attorney would suffice.

If your friend intends to take possession and make use of the automobile, you might want to consider a sale of the automobile to your friend, with a written agreement that you will purchase the car back upon your release if there is no damage to the automobile. Your friend could pay you $1,000 for the car, which you would agree to keep in your bank account and use to purchase the car back upon your release, assuming no damage to the automobile or outstanding fines or parking tickets.

Issues of proper registration and automobile insurance make me hesitant to advise you simply to loan the car to your friend without the proper paperwork.

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Answered on 1/24/08, 8:59 am


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