Legal Question in Credit and Debt Law in California

Re: Collecting payment for a car

You can file suit against them to collect the amount owed. If they had no insurance, that is their problem.

It doen't matter if the car is totaled. You have the right to get the car back or the value of the contract, whichever you choose. If they want to give the car back to your husband later, let them.

Re: Collecting payment for a car

I am assuming that you are in California. Further, I assume that your vehicle was bought with community funds, that is funds earned by you or your husband during your marriage. In fact, then, you are dealing with a community debt, and as such, you can enforce the obligation. You are mistaken that you have any interest in the truck they bought after your vehicle, unless you could trace the money from your vehicle to theirs and you might then be able to establish a constructive trust. Otherwise, and perhaps easier, just file an action against them for payment of the debt. You are entitled to do that without your husbands involvement, under the circumstances.

Re: Collecting payment for a car

You have no right to the truck, and you never will, unless the buyers sell or give it to you. You probably have no right to repossess the car unless you made a finance agreement which included a right to repossess. You could file a lawsuit, but be ready to pay a lot of attorney fees--at least $2,000. If the amount of money they owe you is less than $5,000 then you can sue in small claims court. Then you will have to attach wages or a bank account to collect your money, and hope they do not file b/k. Then give 1/2 the money you collect to your husband when he get out of prison, minus your costs.

Re: Collecting payment for a car

You should bring an action for recovery of the debt. If the amount is $5,000 or less, you should sue them in small claims court. This assumes that the vehicle has no debt. Should you have any questions, I will be glad to provide you with free consultation.