Would he win this case?

Question

My boyfriend is being garnished by chrysler for an old car that he couldn't make the payments on so he turned it in. He lost his court case to stop the garnishment last week because the judge said he waited too long to to file an appeal. The thing is, Chrysler forged his signature on the original summons to appear in court, therefore getting a default judgment against him. Its not his signature, and they didn't even spell his first or last name correctly. He told the judge that as part of his defense but the judge just ignored it. Can he sue Chrysler for fraud? What are his chances of winning? What kind of lawyer would represent him? Any suggestions would be appreciated, thanks!

Answer 1

i have never heard of a car company that garnished any ones wages usually they take-back the car and go after the co-signer and your credit goes down from there but if chrysler corp. takes you to court and you don't have a damned good lawyer  it's cheaper to pay the bill !!!

Answer 2

If they did indeed forge his signature and he has excellent and irrefutable evidence, he could win a fairly good settlement from Chrysler.

Answer 3

I guess I can see why the judge stated he owed Chrysler the money,  if the case before him was just to answer that question.  I don't know what bringing a case about they did not properly advise and that there were 'irregularities' in the paper work might benefit him.  It may change the language in his credit report that he voluntarily surrendered the car and voluntarily paid the difference/amount still due on the loan.  He isn't going to make any thing on it and, since there is no profit in winning it may be difficult to get an attorney.  Sadly, a lot of people don't know that if the company gets $3,000 in auction, for example, on a car that has $4000 still owing on the loan the loanee still owes $1,000.  It may not be fair but the car companies don't care.  They will get all they feel is owed them, as you are, sadly, discovering.

Answer 4

.  He could sue Chrysler if he had made all the payments on time.  At this point the judge doesn't care how Chrysler got him to court, your bf is going to lose.  If you appealed it to the Supreme Court, Chrysler might have to rewrite all the documents but then they would still win. It's cool that you love him enuf to write to Answers on his behalf.

Answer 5

if he turned the car in to chrysler, and they resold it, the value that they resold it for subtracted from the amount your boyfriend owed is what is due. many car companies try to sue for the full amount, even if their actual loss is only $1000 after resale of the vehicle, and get it because nobody questions this. have your boyfriend hire an attorney to protect his interests. no one else can help him

Answer 6

No....no he won't.

Answer 7

garnished?  you mean that put those green leafy things they put on your plates at restaurants on your bf?

gar�nish �� (g�rnsh) KEY �

TRANSITIVE VERB:

gar�nished , gar�nish�ing , gar�nish�es

1 To enhance in appearance by adding decorative touches; embellish: a coat that was garnished with a fur collar.

2 To decorate (prepared food or drink) with small colorful or savory items: garnished the potatoes with parsley.

Law To garnishee.

NOUN:

1 Ornamentation; embellishment.

2 An embellishment added to a prepared food or drink for decoration or added flavor.

3 Slang An unwarranted fee, such as one extorted from a new prisoner by a jailer.

I think you mean Tarnish with a "T"  Tarnish.

Answer 8

Yes, he could win.

Here's the dilemma.  Chrysler is a big corporation.  Your boyfriend is one person.  Chrysler has many attorneys at their disposal.  Your boyfriend will spend every dollar he makes (and then some) for his single attorney.  Chrysler can drag this out in court for 5 to 10 years before there is a resolution to the situation.

While what Chrysler did is unfair, it would be difficult to hold them accountable.  If Chrysler is still making him pay for a car he no longer has, you should be able to get the car back.  (Option of selling the car- still have to pay off rest of loan).  Chances are that they no longer have HIS car and he might be able to get a replacement (newer and better!).  Try to work with Chrysler and resolve your issues this way.  Remind them that forging a signature is fraud and because of the amount of value of the vehicle, it becomes a federal case!  You might even want to suggest that you will let your friends know what kind of irreputable company they are and that your friends will never purchase a vehicle from them.(I know that after reading this, I won't!)

The judge should NOT have ignored the forged signature issue and I can't explain why that happened.

Best bet is to resolve the issue with Chrysler directly, or be prepared to spend a lot of money for a $15,000 (guesstimate) car.

Good luck

Answer 9

I don't think it's fair that the judge ignored it.  If an individual forged a signature, they would be indicted by a grand jury and possible have to serve jail time because forgery is a felony.  But just because a big company like Chrysler did it they can get by with forgery.  I would push this.  You can get on the internet and find lawyers in your area that specialize in this type of crime and they would be glad to take on the case.  But you know that Chrylser can afford very good attorneys so it's going to be a rough road.  But I would not let them by with this.  Don't let them intimidate you.  And that judge is a r****d and needs to retire if he don't have better sense than to ignore the fact that your boyfriend did not sign the original summons.  Good luck with this.

Answer 10

He needs to just pay his bill.