What can I do if mother is suing me for my personal loans from her? 1 Answers as of September 28, 2015

My mother lives in another state. She is suing me in small claims court for a vehicle she bought for me and some personal loans. I did sign a note saying I would pay her for the car. The personal loans were gifts. Last year, I stopped paying her because she told me that I owe her more than what I do. I don't have proof of the cash payments. She is trying to have me return of property. Is she able to take the vehicle back? I have a 9 year old son and am pregnant with my second child. Please help.

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Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
You do not indicate where the suit is pending. If it is filed in another state where you did not live or sign or deliver a note, consult an attorney about challenging personal jurisdiction. Unless there is a written agreement creating a security interest, there is no right to repossess. Whether transactions between family members are loans or gifts is a factual question, and usually a difficult one. Your statements suggest the car debt is a loan and the others are gifts.
Answer Applies to: Illinois
Replied: 9/28/2015
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