Legal Question in Credit and Debt Law in California

Repossession

My daughter-in-law has paid on a car (Saturn) for two years, with her mother being the co-signer. She was seventeen when the car was purchased. While this car was in the shop for repairs, the mother loaned her daughter her 1994 Acura, which had been paid off. The daughter loaned the Acura to a friend, and he totaled it. Now the mother and the girl's stepfather have taken the girl's Saturn and told her that she is to continue to make payments on it until she has paid up to the value of the Acura, which had no collision. The Saturn is about half way paid off. What is fair and equitable in this case? Thank you so much for your help.


Asked on 9/29/03, 11:14 am

1 Answer from Attorneys

Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Repossession

Although the parents should have had collision insurance on the car, your daughter's friend should be ultimately responsible, if he was at fault for the accident. If he was not, whoever was at fault should be held responsible for the payment. In any case your daughter's mother and step father have no legal right to simply take her car, depending on her age, of course.

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Answered on 10/04/03, 3:59 am


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