Paying a debt that doesn’t exist lawfully ?
So I had this debt from my car dealership...my mother paid the car when I was around 18, I’m 23 now. She told me I needed to pay her back. And I did...she filed for bankruptcy a year ago and all debt has been removed. I have proof that I was paying the debt from text messages and she personally has written. Since it’s been remove...she says that I have to pay it “to learn a lesson” and I have...but it has been taking away money that I need for bills or when I am out of money for paying my bills she still demands that payment I don’t have and refuses to wait for it next check. I am tired of paying a debt that doesn’t exist anymore. She threatened to take me to court for it when it says in paper work there is no debt for the car. I am trying to live my life, I have gone 2 weeks without eating so she can have that payment. I believe I can win because there is no proof this debt exist anymore by law. Also I just learned that it may be possible that she may get bankruptcy fraud because I have proof of paying that car payment while she was going through bankruptcy and she filed the car on the bankruptcy. I want to know if I have a winning chance because I am tired of suffering just so she can have a debt that I learned my lesson from (it was for the car that I paid and I paid interest on but after the bankruptcy the debt went back to the original price because she said “well you just paid interest” and for getting into a car accident, and I was a delivery driver)
Also she claims I have a paper saying I said I would pay the car off but this was a form agreement for the car dealership but like I said all debts were exempt after the bankruptcy was finalized
People keep asking me if I declared bankruptcy...my car was filed under the bankruptcy and because of it all payments were expempt. If that makes any sense. I didn’t make any loans. I literally and paying the car off that she bought me when I was 18. But the car is already paid off due to the bankruptcy.
- AmyLv 74 weeks ago
If there's no written agreement, then she can't sue you. Save your money.
You've obviously learned from your mother how to borrow money and not pay it back. You should probably cut all financial ties with her and start being responsible.
- Ron AkiaLv 64 weeks ago
If your mother paid the car off and you've repaid her, you owe nothing on this car. However, if you were a co-signer and it is not paid in full, you may owe the balance. At any rate, should you owe anything, it would be to the dealer who financed and only if you were a co-signer on it and for the current balance, not the price paid. I actually believe your mother is fleecing you for funds not owed. She cannot sue you and, if she tried, would lose.
- Christin KLv 74 weeks ago
You're a legal adult. You don't owe her anything. She can't force you to pay unless you decide to pay--she has absolutely NO legal ground to demand payment.
You can't prove bankruptcy fraud on her either. Just ignore her demands. Only YOU can do that--and only YOU can break out of this idiotic problem.
- STEVEN FLv 74 weeks ago
No. If YOU signed as co-signer on the car loan, YOU are 100% liable for the loan. HER bankruptcy means SHE is no longer liable. It doesn't get YOU off the hook. At this point what she says is irrelevant. If the loan isn't paid off, YOU are liable.Source(s): Y
- What do you think of the answers? You can sign in to give your opinion on the answer.
- Anonymous4 weeks ago
"but like I said all debts were exempt after the bankruptcy was finalized"
Her debt was dissolved because she declared bankruptcy.
Did you declare bankruptcy? No. Your debt has gone nowhere.
ETA: "But the car is already paid off due to the bankruptcy. "
You're not getting it. Your mom bought a car. HER CAR is paid off. You bought the car from your mom with her providing the financing. Your loan is NOT paid off. Legally it makes zero difference that the loan she used to buy the car is paid off. That is a separate transaction and is none of your business. You agreed to buy the car from your mom for x price or x number of payments. Pay up.
- PearlLv 74 weeks ago
maybe you should talk to a lawyer about it
- A HunchLv 74 weeks ago
Her debt doesn't exist to the automotive lender anymore.
That does not dissolve your debt to your mom.
You can stop paying and your mom can repo the car from you.