Legal Question in Credit and Debt Law in Florida

Car Repossession - Lawsuit or Chapter 13

I currently live in North Carolina, but my 18 year old son lives in Tampa. So, here�s my tale�.

My son�s older brother purchased a car from a buy-here-pay here lot in Hillsborough County. He bought this car for the younger son, as that son at the time was only 17. They put a hefty down payment on the car and have been making payments for the past 4 months. The fair market value of the car is $7,000 (1998 Mitsubishi Eclipse), and owe $3,500.00.

My son got behind on the car payments and now the car was repossessed on Tuesday (1/2). The car dealer has told him he has 10 days to pay the balance in full and that�s the only option he is giving him.

Is the younger son able to file Chapter 13, (since he has a legal interest in the car, he�s been making the car payments)? Would this return the car immediately? And, upon the court date, if the car was paid off in full and the Chapter 13 dismissed, would this still appear on his credit report as a bankruptcy filing?

Is a lawsuit more appropriate? He�s been late before in his car payments and the car dealer has told him it�s not a problem just bring in the


Asked on 1/04/07, 10:11 am

1 Answer from Attorneys
Barry Kaufman The Law Office of Barry W. Kaufman

Re: Car Repossession - Lawsuit or Chapter 13

Your 17 year old son does not have a legal interest in the car. He was under no legal obligation to the dealer (creditor) to make payments. Your older son is the one who is obligated to make payments. The fact the 17 year old was writing the monthly check is a private deal between your sons and is of no legal consequence.

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Answered on 1/04/07, 11:22 am


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