my brother who is 19 years old and still lives with us.heapplied for a loanbut he forged my dad's signature .at the time my dad was in the hospital and trusted him with all his information,so that my brother can pay the bills, but my brother misused the trust and applied for a loan in the form of student aid. the loans totaling about $15000. by the time my dad got out of the hospital and figured out it was too late. the loan had been apporved, and it was either my dad accepts it or my brother goes to jail. my dad decided to forgive him on the condition that my brother would never do such a thing again. but now my brother repeated the same thing, and he even got in a car acciedent that would cost $5,500 to repair.My brother now tells us that he wont have to pay and that since he lives with us we have to pay and there is nothing we can do.i need to know if he's right, and if its possible that we can sue my brother so we wont have to pay. hes done so muchand we cant pay.can we be saved?
2007-01-13 15:34:34 · 14 answers · asked by masry 2 in Politics & Government ➔ Law & Ethics
no the car is his, we paid for it, but its under his name, and he's not on our insurance..
2007-01-14 05:46:55 · update #1
I work in the car insurance field.
If your brother is on your dad's insurance insurance plan, and your dad is the primary policyholder, and your brother crashed into someone else, and the insurance won't pay for all of the property damage, your dad will be seen as liable to pay the extra damages. Unless we are talking about a vehicle that has no collision coverage... and it was crashed, therefore it has $5500 worth in damage done to it. Who's name is the vehicle under? If it's your brother that was driving the vehicle, and the vehicle is owned by your father, then your brother would be liable to pay for the damages done to that vehicle to your father by law. Bottom line: kick him out or exclude him on the auto policy! some people need to know when it's time to grow up the hard way.
If the car is your brother's and he isn't on the insurance, then you or your father shouldn't be liable for the damages. He caused the damage, so it's his deal.
2007-01-13 15:52:06 · answer #1 · answered by f20ash 2 · 0⤊ 0⤋
I hate to say it but your brother is a thief. Just to let you know your brother has committed at least four crimes. The first is fraudulently obtaining a loan, the second is forgery, the next two are federal banking offense. All four offenses are felonies. But more on this later.
You have a serious problem. Your brother did not steal from a stranger but from his blood worse yet his father. This is not only disrespectful but it also calls for a strong review of his moral character by the whole family. In my opinion the first loan can be forgiven but now the second cannot. Not only because of the second loan but because he is setting the terms.
My suggestion is to first as a family you all must come together and discuss this matter without the presence of your brother. My suggestion is to file criminal charges. This can be done by first going to the band and fill out an affidavit. Second, you should go to your local police department to fill out a statement to proceed with a criminal investigation. Yes your brother will be arrested and sentenced but this behavior must stop. If it is allowed to continue he will become emboldened and will continue such activity. As for sueing, it would do no good since he surlly has nothing to take. Ask for restitution when you file your criminal complaint.
This may the hardest decision that has ever been put before your family but the choices you make now may help your brother in the future. Good luck.
2007-01-13 23:53:09 · answer #2 · answered by JAMES H 2 · 1⤊ 0⤋
you didn't say what the second forgery is. but you need to call the police. Report that your brother forged your father's signature (this is fraud, for which your brother could go to jail).
as the driver of the car, your brother is probably responsible for it and it will be billed to his insurance or against him if he has no insurance, in which case they will revoke his license. if he is on your parents' policy, it will be charged to their insurance and I recommend they take him off the policy so their premiums do not increase. Make him buy his own policy.
is your brother an adult? If not, your parents may be responsible. But otherwise, they can call the police on him and take him off their policy ASAP, get this lying, disrespectful thief out of their house.
you probably don't want to bother to sue your brother, since it doesn't sound like he has any money. but the fraud can be proven and whatever he signed with your dad's name wouldn't be valid or enforceable any more.
2007-01-13 23:43:18 · answer #3 · answered by Jessica 4 · 0⤊ 0⤋
Forgery is forgery, no matter what. Your brother is dead wrong. He can't sign for anyone legally, other than himself, unless he has power of attorney. You didn't mention that in your question, so I'm assuming your father did not grant him that power. I'm not sure what the statute of limitations (the amount of time that passes before you can file a lawsuit) is on a forgery claim, but you could do some checking around and find out. It usually varies from state to state. If the statute of limitations has not run out, your father can file suit against your brother for the forged loan application. Hope that helps!
2007-01-13 23:41:58 · answer #4 · answered by rockinout 4 · 2⤊ 0⤋
No he will have to pay. It does not matter where he lives. He is an adult and the car was his. If I were you parents, I would boot him out, pay for the loans and never trust him again. They need to practice tough love. I hurts like hell but it can work. I have tow children over the age of 20 and I had similar problems and this is what I did. They now have there lives straight and working. They no mommy and daddy are not going to save them anymore.
2007-01-21 01:57:43 · answer #5 · answered by somg_93 2 · 0⤊ 0⤋
Best thing to do is first get the bumb out.
As for the loans, since they were acquired by forgery, you may be able to go to the police and file fraud charges against him. If he mentions that your father approved, then it will be hard to make them stick. Your father, however, can get a lawyer and sue your brother.
2007-01-13 23:40:48 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Since your brother is over the age of 18 he can be held liable for forgery and defrauding the governement. He had no legal power of attorney so there for he had no legal right to sign your fathers name. The residence of a person doesnt make them immune to the law, only age and legal binding documents.
2007-01-13 23:44:14 · answer #7 · answered by semurrin 1 · 2⤊ 0⤋
That's terrible. What's wrong with that guy? Your father should tell him to shape up or ship out. If he doesn't work, he better get a job to pay for these bills. If not, he will need to leave, because from all you have told me, he's probably going to do it again. He needs to grow up. Maybe he should join the military and give the sign up bonus to your dad. Obviously, he needs discipline. Good luck.
2007-01-13 23:45:31 · answer #8 · answered by us5we2 3 · 0⤊ 1⤋
you can sue him(well your Dad can) I' would persuade him to consider bankruptcy,or a credit counseling corporation for help,and if he's over eighteen,he's the only responsible party for the accident,the loan on the other hand is shared with your father,also if you sue him,good luck trying to get any$$$,cause he doesnt have any in the first place
2007-01-13 23:41:56 · answer #9 · answered by stygianwolfe 7 · 1⤊ 0⤋
The vehicle registration and title controls liability - insurance or not. If the title is in your father's name, he is liable for whom ever he lets drive the vehicle and the damages, unless stolen. Everything should be reported to the police.
2007-01-14 00:45:22 · answer #10 · answered by alaskasourdoughman 3 · 0⤊ 0⤋