Legal Question in Credit and Debt Law in Louisiana

new truck

while stationed in afghanistan my brazilian wife traded our vehicle in for a new vehicle utilizing an irs poa and signing my name. i returned the vehicle a few months after my return and they said she would be sued for forgery, they watched her sign the paperwork knowing she didnt have a proper poa and i believe they just took advantage of her. her english isnt that great and they even had her sign 2 different contracts changing the vin# and perc. rate. this took place in louisiana and i have since been reassigned to montana, can the dealer and ford credit be legally responsible for this and what would be my best course of action to clear this up? the loan is still on my credit report and they are still wanting their money for the truck.


Asked on 7/26/07, 4:47 pm

2 Answers from Attorneys
Hardy Parkerson Retired Attorney; now Law Professor

Re: new truck

Dear Friend,

This legal problem is too complicated for an easy answer on Lawguru. Yes, I believe you can handle this in such a way as to prevent your wife's being charged with forgery and in such a way as you nor she will not have to pay further on the vehicle; especially since the vehicle has been surrendered to the mortgage creditor. Nevertheless, I do not belive you should just block all of this out of you mind and hope it all goes away. Of course, if she had a power of attorney authorizing her to sign your name--even if it was not in proper form--if the lender encouraged her to use that form as her power and authority to purchase the vehicle on your behalf, then they would then not have standing to prosecute her for "forgery". But, again, don't ignore this situation! Confront the creditor and state your position. Also, do what you are doing and consult with an attorney. Feel free to call me! There is no charge for just talking on the phone. Good luck to you and to her!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

[email protected]

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Answered on 7/27/07, 2:50 pm
Robert Louque The Louque Law Firm, L.L.C.

Re: new truck

You should call an attorney as soon as possible to discuss this matter. What part of Louisiana did this occur?

I would think the dealer has some serious problems.

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Answered on 7/26/07, 5:08 pm


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