Legal Question in Real Estate Law in California
My mother is retired, she lives on a fixed income with money from government. Recently, the money has decreased and she could afford to make payments to her credit card. I gave her my car and also have her name on the title of the car. Can the credit card company take the car if she cannot make the payments.
please advise, thank you
3 Answers from Attorneys
Theoretically they could, but for several reasons it's highly unlikely.
If they are not lienholders on her title, they would have to sue her for the unpaid bill, and obtain a judgment. Then they could execute on the judgment and take the car.
Any court judgment obtained against her would create a lien and right to seize and sell any assets in her name, including joint title assets like cars and real property.
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