what is considered a binding legal contract in the state of Texas?????

[pop01]

i signed a contract with a relative to take over payments for a car that was financed in my name. The lien holder said i could let her take over the payments but it would not change the original contract from my name into her name. We tried to get the contract that we both signed for her to take over the payments ,insurance and all responsibilities for the car notarized but i was told that could not be done with out permission from the lien holder. The car was left in Texas and i moved to another state. I later found out that the relative had stopped paying the notes for about 8 months and had wrecked the car!!!!! i had the car shipped to me from Texas but it is not usable from the damages. I want to file a civil suit against her but will have to travel back to Texas and i don't know if the contract the entire case is based on will even be recognized as a legal binding contract in court?????????????

 

[bluemann33]

i signed a contract with a relative to take over payments for a car that was financed in my name. The lien holder said i could let her take over the payments but it would not change the original contract from my name into her name. We tried to get the contract that we both signed for her to take over the payments ,insurance and all responsibilities for the car notarized but i was told that could not be done with out permission from the lien holder. The car was left in Texas and i moved to another state. I later found out that the relative had stopped paying the notes for about 8 months and had wrecked the car!!!!! i had the car shipped to me from Texas but it is not usable from the damages. I want to file a civil suit against her but will have to travel back to Texas and i don't know if the contract the entire case is based on will even be recognized as a legal binding contract in court?????????????

Does the relative own up to wrecking the car? Was the car insured still? The lien holder could have cared less who was making payments as long as they were getting paid, the loan was still in your name.

 

[army judge]

i signed a contract with a relative to take over payments for a car that was financed in my name. The lien holder said i could let her take over the payments but it would not change the original contract from my name into her name. We tried to get the contract that we both signed for her to take over the payments ,insurance and all responsibilities for the car notarized but i was told that could not be done with out permission from the lien holder. The car was left in Texas and i moved to another state. I later found out that the relative had stopped paying the notes for about 8 months and had wrecked the car!!!!! i had the car shipped to me from Texas but it is not usable from the damages. I want to file a civil suit against her but will have to travel back to Texas and i don't know if the contract the entire case is based on will even be recognized as a legal binding contract in court?????????????

If she wouldn't make the payments on the note, why do you think she's solvent enough to sue?

Besides, if you sue her in Texas, you'll probably never collect a dime.

Texas is a very debtor friendly state.

Even if she owned a home, all you could do is place a lien on her deed.

That would just sit there, until she sold her home.

if she defaulted on her home, the lien would just be taken off.

The lender would never have to pay it.

This one you might just end up eating, besides taking a whack on your FICO score.

you'd be better off trying to get on Judge Judy, The People's Court, or any legal show.

They'll fly you to their studio, pay your expenses, and if you win; give you a check for the amout you're trying to get.

It works like this.

They put up a case fund.

it might be $7,000 on your case.
Your suit is for $5,000.
You win, you get $5,000; plus split the remainder with her.
You both win, but YOU get paid. If they take your case.

Finally, small claims in Texas is capped at $10,000.
No matter what you're owed, the maximum you can recover in small claims is ten grand!