Legal Question in Credit and Debt Law in Florida

My husband and I live in NY but have a home in Florida and my son lives in Florida. I am ill and on a lot of medications and my son conned me into signing a loan and buying a car for him. When my son first came to me he asked if I could help him in get a truck because he is a handyman and needed it for work. I told him that his father and I live just on my husband's social security and I get medicaid and food stamps so there was no way I could give him any money. I did tell him I could be a credit reference. To make a long story short, he had me sign papers without reading them as I trusted him. That was in Sept. 2014. He did not pay for Dec., Jan., Feb., and the bank wants to repo the car. My husband spoke to an attorney and they said he would have to pay $1800 and we voluntarily give up the truck and they can reduce the amount by maybe just to 35%. My son overpaid for the truck and the price owed on it is $25,900. It is a 2006 Ford F350 Turbo Diesel V8, FX4 4X4, 4 door crew cab, leather and loaded. We have been advertising the truck for sale for $25,000 or best offer, but no calls and we need to do something by this Friday! My husband is thinking of giving back the truck and trying himself to try and negotiate the price of what is left over after the bank sells it. We have the chance to pay Dec. and Jan. and get more time to try and sell it, or do what my husband wants to do or go with the attorney. I need to know what the best thing to do is. Thank you.


Asked on 2/25/15, 6:45 pm

1 Answer from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

You should talk with an attorney licensed in NY to advise you on what financial risks you take with your proposed strategy. Any actions against YOU and any subsequent collections actions will be in accordance with NY law, as that is where you reside. An attorney who is not licensed in NY can not legally give you advice on NY law.

Good luck with your situation.

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Answered on 2/26/15, 7:02 am


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