Legal Question in Credit and Debt Law in California
liability for accident as cosigner
Icosigned on loan for husbands car. We are seperated. He had accident after separation. Person trying to garnish my wages and saying I am liable. I have never driven car. Am I LIABLE FOR HIS DEBT.
1 Answer from Attorneys
Re: liability for accident as cosigner
If you are on the title of the car and he didn't have auto insurance, you could be liable.
If you co-signed, and he damaged or totalled the car or it was repossessed, you could be liable.
Before anyone can garnish your wages, they would have to sue you first and you would have to lose the case in court. If you are receiving a wage garnishment and this is the first you've heard of the lawsuit -- and you did not merely blow off the lawsuit -- consult an attorney.
Also call your own auto insurance carrier.
Also consult an attorney about getting an order from the family court (if you had a formal legal separation and there was a judgment or settlement agreement) to make him pay.