Rinierd Posted August 20, 2013 Report Share Posted August 20, 2013 So I have been battling with Ford Motor company for almost 3 years now on a vehicle lease that I was a co-signer on. The vehicle was out of my possession and was totaled and sold at auction without my knowledge. I was never aware of the vehicle disposition, until Ford began contacting me for $12k to satisfy the loan because the other party never paid it. So I responded to several summary judgement attempts and finally have the final summary judgement denied in front of the judge. I now find out that a stipulation to the summary judgement was filed and agreed to with the other party that they have assumed a reduced payout of $10k and a 60 month payment term to satisfy the debt. I am not listed on the Stipulation to summary judgement, other than in the header of the paperwork, the document was signed and agreed to by the other party solely. The question is does this dismiss me from the case, since an agreement was made with the other party? What steps should I take so that they can not come after me anymore and I can be taken out of this court battle? My main goal is to get this removed from my credit since I know Ford was in the wrong by not allowing me to assume the vehicle before auctioning it off. Thanks Link to comment Share on other sites More sharing options...
nascar Posted August 20, 2013 Report Share Posted August 20, 2013 So I have been battling with Ford Motor company for almost 3 years now on a vehicle lease that I was a co-signer on. The vehicle was out of my possession and was totaled and sold at auction without my knowledge. I was never aware of the vehicle disposition, until Ford began contacting me for $12k to satisfy the loan because the other party never paid it. So I responded to several summary judgement attempts and finally have the final summary judgement denied in front of the judge. I now find out that a stipulation to the summary judgement was filed and agreed to with the other party that they have assumed a reduced payout of $10k and a 60 month payment term to satisfy the debt. I am not listed on the Stipulation to summary judgement, other than in the header of the paperwork, the document was signed and agreed to by the other party solely. The question is does this dismiss me from the case, since an agreement was made with the other party? What steps should I take so that they can not come after me anymore and I can be taken out of this court battle? My main goal is to get this removed from my credit since I know Ford was in the wrong by not allowing me to assume the vehicle before auctioning it off. Thanks Cannot determine your remaining involvement, if any, based upon what you've posted. That said, If Plaintiff failed to score summary judgment against you, they'll need to prevail at trial now, in order to get a judgment against you. Since the lessee appears to have entered into a payment agreement, it's not likely that will happen unless lessee defaults on payment plan. You say the car was totaled? Where was the insurance company in all this? Link to comment Share on other sites More sharing options...
Rinierd Posted August 20, 2013 Author Report Share Posted August 20, 2013 The other lessee let there insurance coverage lapse. Again something I was never aware of. Is there anything I can or should try to file to remove myself from involvment in this case now? As I mentioned the other lessee entered the judgement agreement and it is signed by the judge and states Stipulated Judgement Against Defendant XXXXXXX Only Withholding Execution. I would like to remove myself from this so I can get this cleared up. Can I file a motion to dismiss or anything? Link to comment Share on other sites More sharing options...
nascar Posted August 20, 2013 Report Share Posted August 20, 2013 I don't see grounds to support a motion to dismiss. On what grounds did you prevail against Plaintiff's motion for summary judgment? If Plaintiff could not prove up the case, perhaps you can (on your own motion for summary judgment). You have nothing to lose by filing the motion, and rather than risk letting you off the hook forever, plaintiff's counsel may stipulate to a dismissal in exchange for withdrawal of your motion. Does that make sense? Link to comment Share on other sites More sharing options...
Rinierd Posted August 21, 2013 Author Report Share Posted August 21, 2013 I prevailed from the Summary Judgement based on a finding that in the Ford Motor Lease Agreement that states the leassee will be notified 10 days prior to auction of the vehicle and be allowed to make lease agreement current before vehicle is auctioned. I was never made aware of the fact that the vehicle was auction until several months after the fact. I do not understand myself filing the Motion for Summary Judgement? What would I file in that motion, that I should be released from the case? Could you please provide me some more information on what I could file in my motion for summary judgement? Thanks Link to comment Share on other sites More sharing options...
Rinierd Posted August 23, 2013 Author Report Share Posted August 23, 2013 Could you explain the idea of me filing a motion for summary judgement as the defendant? Thanks Link to comment Share on other sites More sharing options...
nascar Posted August 24, 2013 Report Share Posted August 24, 2013 Your motion for summary judgment would argue that you are entitled to dismissal as matter of law. If the court has already held that no notice was sent, and that because no notice was sent plaintiff cannot prevail, you're entitled to judgment in your favor; dismissal of all the claims against you. Link to comment Share on other sites More sharing options...
ArtVandelay Posted August 24, 2013 Report Share Posted August 24, 2013 The other lessee let there insurance coverage lapse. I have no legal advice to offer, but I would check and see if the insurance company called Ford when the insurance expired. Since it was a lease Ford Motor Credit would be listed as the owner of the car. Normally in this situation the insurance company would have to notify the lease company about the insurance issue. Then the insurance would have to be paid or the lease company would repo the car. They normally would keep the car until the insurance is up to date. It sounds like someone dropped the ball here. Either the insurance company didn't contact FMC or FMC ignored them. I'm just not sure if FMC had the responsibility to contact you concerning this. Link to comment Share on other sites More sharing options...
Torden Posted August 24, 2013 Report Share Posted August 24, 2013 So your real argument is that the original lease agreement is no longer valid because FMC made an agreement with different terms, and without you being mentioned, with the other leasee, to have a summary judgment against the other leasee paid to them. You'd have to argue that the new agreement replaces the old agreement. But those are for different things and I don't see how that could be done. It looks more like FMC failed to keep you informed in a way where you could manage the costs, and so they because liable for these vague costs. What does the original agreement say is your rights? Link to comment Share on other sites More sharing options...
Rinierd Posted August 26, 2013 Author Report Share Posted August 26, 2013 I am not sure what you are asking? My original lease agreement stated that I would be informed prior to auctioning of the vehicle. I would also have the right to make the agreement current prior to the vehicle being auctioned. I was never informed of anything, late payments, crashed car, or auction until long after the auction was completed. Link to comment Share on other sites More sharing options...
Rinierd Posted August 26, 2013 Author Report Share Posted August 26, 2013 So does filing a motion for summary judgement to dismiss all charges seem like a way to go? Is it worth it, whats the worst that can happen at this point since Ford has already settled with the other party? Link to comment Share on other sites More sharing options...
shellieh98 Posted August 26, 2013 Report Share Posted August 26, 2013 an MSJ would not be to dismiss all charges, that would be a motion to dismiss. A MSJ is when there are no triable material of facts, and is an end disposition to the case. If you file and win an MSJ you should be able to make it go away for good. You would have to write a pleading include a brief as to why the court should grant you an MSJ. Include any case law that would pertain. You can look around here for plenty of MSJ's, to get the format, but I think you will be doing some researching to find your case law, etc. Link to comment Share on other sites More sharing options...
texasrocker Posted August 26, 2013 Report Share Posted August 26, 2013 Include a notarized affidavit with the MSJ stating that you are over 18, of sound mind, reside in the county (or court's jurisdiction) etc. Link to comment Share on other sites More sharing options...
Harry Seaward Posted August 27, 2013 Report Share Posted August 27, 2013 an MSJ would not be to dismiss all charges, that would be a motion to dismiss. A MSJ is when there are no triable material of facts, and is an end disposition to the case. If you file and win an MSJ you should be able to make it go away for good. You would have to write a pleading include a brief as to why the court should grant you an MSJ. Include any case law that would pertain. You can look around here for plenty of MSJ's, to get the format, but I think you will be doing some researching to find your case law, etc. This is something I never quite understood. What would you be asking the judge to do with a MSJ if not to dismiss the claims? Link to comment Share on other sites More sharing options...
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