Legal Question in Credit and Debt Law in California

Debt Obligations
my partner and i signed a loan for a car purchase. 14 months after signing the loan, we split. she took the car and refuse to return it. i hired an attorney demand letter requesting that she either pay the loan or return the car. she did neither and extorted money out of i to pay the car. master of deception she played this game for another two years, still saying that she would pay the car. but i was the one making the loan payments. she paid registration and insurance. once when i try to retrieve the car from her, she got hostile and attacked. attorney at the time said just let the finance company reposs. so i looked into that. yes, they will repossess but they will still come after i for payment of the loan. i said that ''ex'' is on the loan papers as well, so they need to go after her. they said that since i have been the one paying for the most part, then i am responsible. NOW, it would appear that ''ex'' has left the state with car. since she has taken the car with theft in mind can the car be reported stolen, even if your name is one of the names on the registration. is it possible to tell the finance company that i have already paid half of the loan and if they want the rest, go after her. any suggestions?

Asked on 3/14/02, 3:42 pm

2 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

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Re: Debt Obligations

Well, first of all the obvious question is since you were making payments why did you not just take possession? Sounds like you really did not want the car. At any rate, you are right that you got bum advice. Most attorneys seem to be completely oblivious to the fact that you will be sued for an enormous deficiency judgment usually to the tune of $10,000 or more. You have 2 options, 1)file bankruptcy or 2)file a cross claim against your ex spouse. I am wondering, do you owe your ex spouse any money, i.e., spousal support or money from a dissolution judgment?--If so you may be entitled to an offset in the amount you paid when she had possession. You could sue your ex for an offset. Then reach an agreement with the finance company.--Now to the issue of repossession. First, get possession of the car, hire a PI to find the car then go pick it up. If you do not have keys you can get one from the dealer because you are an owner. Then, reach a settlement with the finance company in writing (probably best if you have me review it). Whatever you do, do not, I repeat do not give the finance company the car until after you have reached a written agreement with them. Nevertheless, if you are like everyone else who ignores my advise, then come see me to file a bankruptcy when they get a $10,000 plus judgment against you.

Answered on 3/15/02, 4:33 pm

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