Legal Question in Credit and Debt Law in New York
I took my x mother in law to small claims court to sue her for payment of car loan which she signed over responsibilty if my x wife defaulted on the loan (signed and notarized). My x wife did not pay and the car was repossessed. I showed the arbitator forms from the loan company showing the repossesion and money still owed on the loan. The arbitrator said I need to prove that my x wife did not pay the loan. I don't understand what other possible evidence the arbitrator is seeking ? The form I have from the loan company states the care was reposssessed beacause she did not abide by the agreement in the contract. What am I missing here ?
1 Answer from Attorneys
Written communication from the loan company is hearsay. You would have to either subpoena the loan company's records and/or an individual to testify about the car payments - or - you would have to subpoena your ex wife to testify that she did not make payments.
Mike.
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