Legal Question in Consumer Law in Nevada

We are in the state of Nevada. In 2006 my dad helped my brother finance a

car. My dad was the borrower and my brother was the co-borrower. My dad

and mom had a car financed as well. My dad passsed away in Nov of 2007.

My mom paid off their car. The title is listed in both of their names. In

December of 2009, my brother's car was repossed. He couldn't afford to

make the payments on it. The car was auctioned off. A collection called my

mom and told her that she is responsible for the amount due. They stated that

if she didn't pay it they would come and take her car. Her name was never on

the financing for my brother's car, but they are stating that because my Dad

was the borrower they can then go after her. Is this true?


Asked on 1/06/10, 9:36 am

2 Answers from Attorneys
Randy Creighton Black & Lobello

First, the car lender could not come and repossess your mother's car, no matter if she was a co-borrower on your brothers car or not. So, those threats made by the car lender are unfounded and cannot be carried out.

Second, more than likely your mother is not responsible for the amount due and owing for your brother's car. I say more than likely because Nevada is a community property state; any debt incurred by one spouse for the benefit of the marriage is debt of both spouses. However, since the co-signing of the loan did not benefit the marriage, your mom is not liable for the amount.

If you have any questions, feel free to contact me at (702) 869-8801.

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Answered on 1/11/10, 11:04 am
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Additionally, since your father passed away, they could not take anything from your money because the community property issued went away upon your father's passing.

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Answered on 1/11/10, 11:16 am


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