Hohenwald, TN asked in Bankruptcy, Consumer Law, Collections and Probate for Tennessee

Q: Being sued by previous car lender, with issues.


In 9/16, grandma cosigned a car for me. She had passed on 1/17. No probabte has been opened due to no funds upfront,& other heirs wont help. I had ankle surgery on 12/17, was off for 2 months, got behind on car payment. I got caught back up as good as I could.

In 6/18, I had to quit my job. On 7/18, the car was repossessed. I now got letter saying I am being sued. Can they open probabte for her portion? I have no where else to live. Mother lives with boyfriend in another state in a 1 bedroom apt both on disability. Brother/sister law just sold their house and lives in an apt in another state as well.

I know I can file chapter 7 or 13, but if I file chapter 13, can they still open probabte and force to sell and force me to be homeless?

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Probate Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: The Creditor probably can Probate Grandmother's Estate for its benefit. But it is very unlikely. You are probably better off filing a Notice of Exempt Property with whatever Court and Docket Number you are being sued under. You should be able to Exempt all property, but be careful with any Bank Accounts.

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