Legal Question in Credit and Debt Law in New Jersey
Repossession of a Car
My mom co-signed a car with my dad 2 years ago. In December my father left my mom and we have not seen him since. The car company is going to report the car stolen as he has not been making his payments and are now claiming that they will have my mom arrested this Friday as she is also responsible. Can they arrest her even though she does not have the car or know where my father is? Yes she is partly responsible for the debt but she does not have the car.
1 Answer from Attorneys
Re: Repossession of a Car
On the facts that you give, the car has not been stolen and it would be a violation of several laws for the creditor to make such a report. The debt, however, can be collected from you mother because she cosigned the note.
Your mother should arrange to consult with a lawyer to review the matter and decide on the best courst of action for her.
See also: http://info.corbettlaw.net/lawguru.htm