Legal Question in Credit and Debt Law in Massachusetts

I am writing for a friend who years ago had cosigned a loan for a car with someone she had a relationship with. They are now estranged and she got a permanent restraining order against him. In April money disappeared from her account to a collection agency. Does she have any recourse or is that just automatically done because she had cosigned years ago?


Asked on 8/13/14, 2:22 pm

1 Answer from Attorneys

Jed Berliner L J Berliner

The always problem with writing for a friend is that the facts are second hand at best. We call it inadmissible hearsay. What does "money disappeared from her account to a collection agency" even mean? Collection agencies have no rights to take money from anyone's bank account without permission. And if your friend knew it went to an agency, then saying the money just disappeared is not accurate.

The separation, estrangement, and restraining order between your friend and her previous someone-she-had-a-relationship-with is all limited to your friend and the other person. The creditor car lender is not affected by the separation, estrangement, or restraining order. Whatever your friend signed with the car lender is still enforceable, although perhaps subject to a statute of limitations.

Neither you nor I know if what your friend signed authorized any "disappearing" payments to the car lender (separate from the collection agency).

Your friend always has recourse against the someone-she-had-a-relationship-with. There aren't enough facts to determine if your friend has recourse against anyone else.

Read more
Answered on 8/14/14, 7:00 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Massachusetts