My son bought a car in my mom's name it was reposessed and now they're saying they're coming to sue my mom. She's 81 years old and this is really stressing her out. They're telling her that they're taking her house and everything she owns can they continue to harass her like this and can they really sue her at her age?
The way you word, he bought a car in her name, did she know or was he scamming everyone?
That is elder exploitation and in my personal opinion quite frankly it boarders on abuse.
Tell him it's time to put his big boy pants on and get these creeps off grandma's back. Or he can be turned in for financial exploitation of a senior citizen. Those are his 2 choices.
You really need to protect your mom and not your son in this situation.
Was the loan obtained fraudulently? If so, report it, that is a crime.
If she cosigned then there is some responsibility there.
The amount owed on the loan is the difference between what the principal was and the amount the vehicle sold for.
Be very careful with what you say. Do not ever indicate to loan holder or collection company that the amount belongs to her. Make it clear it is his debt.
I agree with Tacy that a car being repo'd is different than other collections. Usually the car is auctioned. So lets say u owe 10k and the bank gets 5k. You owe the difference of 5k and they will try to collect on it. Your Mom did the son a favor and he should pay any balance owed. But they will come for Mom as cosigner.
Saying that they will come after Mom for her house and everything she owns is against the law. You need to contact the FTC and file against the collection agency. I suggest your son set up a payment plan to pay what is owed. This is his responsibility.
However, there are laws against harassment. A collector cannot call before 9AM or after 9PM. They cannot call more than twice a day. They cannot threaten you. I have an app on my phone called “Robokiller”. It has successfully blocked 99% of all the collection calls I’ve gotten. Have it installed on Mom’s phone or if she has a landline, get her caller I.d. and an answering machine. Teach her how to screen calls. Unfortunate that she has to do this because of her good intentions toward her grandson, but necessary for her sanity.
Now, unless you declare bankruptcy, this bill has to be paid. If Son is not working, he needs to get a job (anywhere) and turn his paycheck over to you to give to Grandma for his car. He blew it and he has to pay the consequences. Find out who the money is owed to and send them anything you can from his paycheck. Send it regularly. Grandma’s heart was in the right place. I’m sorry for her that it didn’t work out.