Legal Question in Credit and Debt Law in California
My daughter, in the middle of a nasty divorce in California needed to surrender her car since she couldn't make the payments. Her name was not on the car or the loan (it was her in-laws).
What is her legal responsibility? Her in-laws are now asking for the loan payment since they are being pressured themselves. Since her name was not on anything, is there a way they sue her or somehow make her financially responsible?
2 Answers from Attorneys
If she agreed with her in-laws that she would make the loan payments, she probably is liable to them for the deficiency (the difference in the loan and the resale price of the vehicle). She probably has no direct liability to the bank given the facts that you've presented.
This should be part of a comprehensive settlement agreement.
Lots of promises were made and broken and contingent on the unstated yet ever present condition of 'for better or worse, til death do us part.' From the lips of lovers come unintended consequences.
Where is the in-law's son come into the car picture???
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