Well, hello there all. I have a situation, well my sister does:

My gandmother bought a car for my sister three years ago. My sister paid her back as of this August. Well, now my Grandmother is saying that my sister owes her money for the interest on the credit card even though she never told my sister that she purchased the car on her credit card. There is no bill of sale, there are no payment receipts, just verbal agreements. Well my sister is refusing to pay the interest on the credit card because she doesn't feel that she owes it since my grandmother didn't tell her until NOW that she purchased the car on her credit card. My grandmother has apparently contacted an attorney who has contacted my sister saying pay up or get sued. Well, this is where the predicament occurs.

This letter states that unless she pays for the interest there are threats of justice court, civil court, and repossesion of the car. The letter also states that the lawyer cannot believe that a grandaughter would deprived owed money from her grandmother. Also the letter states that the lawyer KNOWS how much money my sister makes, and knows that she can afford to pay my grandmother. This issues I have with this letter are 1. why does the lawyer's personal opinion matter? 2. How does she know how much my sister makes? 3. Why does how much my sister makes have anything to do with this issue. 4. How can they repossess a car thats already paid for & in my sister's name?

To be honest, I suspect my grandmother drafted this letter herself to scare my sister.

NOW, I need to find out if this "lawyer" is really a lawyer.

What do we do?

excon

Hello Momma:

You're right. They CANNOT repossess a car that they don't own. Therefore, the threat is hollow.

Write this "lawyer" a letter. Tell him that there was NO agreement to pay interest, or interest would have been paid. Tell him further that if the grandmother wishes to file a small claims suit, she may and you are prepared to defend it. Send the letter certified, return receipt requested. Send a copy to Grandma.

excon

PS> It doesn't matter if the lawyer is real or not.

s_cianci

It really doesn't. In fact, I'm surprised that a so-called professional attorney would even interject his/her personal opinion.Possibly several different ways. Word of mouth from your grandmother (of course, that constitutes the lawyer taking her word for it) ; also, does your grandmother know your sister's SSN? If she does and shared it with this lawyer, the lawyer may have done some checking. Of course, understand that ultimately, your sister's means to pay (or not) would have no bearing on any judgment that a court may hand down.It doesn't. Like I just said, if your grandmother is eligible for a judgment against your sister, then your sister's income or lack thereof will have no bearing whatsoever.Unless they have the title to it, they can't.Based on the points you've raised, I share your suspicions. Does the firm's name and other contact information appear on the letter? You can always check the local phone directory to see if such a law firm is listed. You can also try telephoning the number that appears on the letterhead. Another tactic is to contact your local bar association. If the firm is legitimate they will certainly tell you that. When push comes to shove, if your sister paid whatever she and your grandmother verbally agreed to at the outset, I don't think your grandmother has a leg to stand on if she were to take it to court.

s_cianci

Had to spread it ex, but writing the "firm" a rebuttal letter is an excellent idea. 2 copies ; one certified mail, return receipt requested and another by ordinary regular mail.

JudyKayTee

If your question is how to find out if the "lawyer" really is a "lawyer," contact your local Bar Association and ask. In my area Attorneys are listed on line. I don't know if that is true in your area.

I wouldn't respond to the letter. Anything your sister says will be turned around. A contract cannot be modified at some later time. If there was no interest charged then, there can be no interest charged now - and this Attorney knows that.

I would not engage in a war of words with anyone, Attorney or not. If your Grandmother wants to take action, let he do so and then defend the action. Do I think your Grandmother will prevail? No.

And do I think the "Lawyer" is out of line - yes. If your sister has the time and energy, send the letter with a complaint to the Bar Association and let them deal with it.

Again - there is no legal requirement to respond. This is the same as if you borrowed money from me and I sent you some sort of veiled threat letter - you would ignore me and wait to see what I do next. Why engage in a conversation with me?

Your sister has nothing to legally add to the mix that the "Lawyer" doesn't already know.

ChihuahuaMomma

Thank you everyone for the information.

Judy--Is there a site where I can find out if she's on the local bar? It's Lane County, Oregon.

s_--There isn't a letterhead. VERY unprofessional letter.

ChihuahuaMomma

Another question that I have is: My sister is saying that if my grandmother takes her to court for this she wants to see if she can countersue for defamation of character based on the fact that my grandmother is calling a family friend and telling him what's going on, the letter was mailed to his house. And he has nothing to do with this, and Ashley feels that she looks like a bad person to him because of all of this.

s_cianci

She can't, unless she suffers and can prove actual monetary damages as a result of being made to "look like a bad person to him." Why was the letter mailed to his house? And not on letterhead? Now I'm practically convinced that your suspicions are correct, that the letter is bogus and not from a real lawyer.

ChihuahuaMomma

It was mailed to his house, because my Grandma wants to have nothing to do with my sister except for her money.

Also, I COULD be wrong here, but isn't a letter such as this supposed to be served to the person its addressed to?

ChihuahuaMomma

Okay, I'm simultaneously talking on here and to her on Meebo. I'm sorry, there WAS a letterhead.