Legal Question in Civil Litigation in Illinois

Am I responsible

Hello, my mother and step dad needed a car, since my step dad had a suspended license I told my mother I would give them my car for them to take over the note and for them to at least co-sign for me a loan on a new vehicle they agreed, due to my credit my mother had the SUV solely in her name. 9 months later my step dad passed away and since my mother did'nt drive she had no use for the car, so I was going to have to pay 2 car notes, then my brother decided to take over the notes, I'd been paying the notes for 2 1/2 years now on the SUV, I am a single parent and since gas prices went up it was like paying a second car note on an SUV, I told my mother I can't afford to pay that anymore that I was getting a cheaper vehicle and i would have a volunteer repo done on the SUV she agreed, I did not want my mother credit to suffer because of a repo, so one of my friends assumed the note on the vehicle, my mother does not like my friend who is very responsible and has made a couple of payments on the suv on time! now my mother wants to force a voluntary repo, since she is doing this will I have to be pay off the balance of the loan after the repo sale? since she is the one who wants the repo done.


Asked on 12/14/06, 1:24 pm

1 Answer from Attorneys

Zedrick Braden III Ainsworth & Associates PC

Re: Am I responsible

Hello. If your name is not on the finance

agreement for the vehicle, you are not legally

responsible. Your mother is responsible. Once

he vehicle is repossessed, if it cannot be sold

for its value, then the company may file a law-

suit for the difference. This is called a

deficiency judgment. Will be happy to discuss

this with you further.

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Answered on 12/16/06, 12:04 am


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