San Clemente, CA asked in Consumer Law for California

Q: I went into an auto dealership to trade my car in for a new one I was upside down and the payments would be high but

I was fine with that. My current loan was discharged under a bankruptcy, but my mom would still be held liable for it as she is a co-signer on the loan. Anyways, the finance manager comes back and says since the loan was discharged, just surrender the car. I informed him that my mom was on there as a co-signer and she would still be held liable for the remaining balance and he assured me that because it was charged off, the finance company could not come after my mom. I’m pretty sure he told me this just to make a sale, but my question is, can I take him to court for giving me false information to make a sale? Do I have any leeway in this matter if the finance company comes after my mom for payments? I feel like I was swindled (and probably was) and I could use some advice on what to do.

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1 Lawyer Answer
Scott Richard Kaufman
Scott Richard Kaufman
Answered
  • Consumer Law Lawyer
  • Los Altos, CA
  • Licensed in California

A: I do not have the specific answer to your question, but, I have excellent input.

Here is what you do, ASK your bankruptcy attorney! They know this stuff inside

and out and they will know if you were lied to and if so, what your remedies may be.

Good luck with it!

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