Legal Question in Credit and Debt Law in California

My wife borrowed money against a vehicle with a credit union. The loan was paid off 2 months ago but we have not received the pink slip. She was told today that it was being held because she had defaulted on a credit card. We know that the outstanding balance on the card has been charged off by the credit union, so is it legal for them to not return the pink slip?

The loan and credit card were on different account numbers.


Asked on 12/27/10, 5:32 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

The answer depends on a lot of factors. If the borrowers were the same, the different account numbers may not matter. It also depends on the documentation for both the credit card and the car loan. Essentially, did the credit union properly cross-collateralize the two obligations? From my experience with credit unions, the answer is likely to be yes, though the two different account numbers presents an interesting twist. You need to hire someone to review the agreements, and help you determine if they have a right to assert a claim against the car. As for the charge-off, that is not relevant to their ability to collect the debt - it has only to do with internal recognition of the debt as performing or not-performing.

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Answered on 1/10/11, 2:09 pm


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