Legal Question in Consumer Law in Virginia
financial responsibility
My husband abandoned me 2 years ago and left his car. The title is in both of our names, but the loan is not. I made the payment for as long as I could, but the car was recently repossessed. Am I still financially responsible? Can a lien be placed on my house?
2 Answers from Attorneys
Re: financial responsibility
You should probably seek the counsel of a lawyer, I'm assuming you aren't divorce yet?
Re: financial responsibility
If you are not listed on the loan, your husband and/or the creditor would have to take extra steps (which might or might not work) in order to try to show that you enjoyed the beneficial use of the car for a certain length of time (which would still not cover the entire value of the car). They would have the burden of proving this. Make sure that they have your current address and make sure you ALWAYS show up to any court dates. (In Virginia it actually can hurt you very badly if they send a lawsuit to your OLD address, and you never find out about it, so you lose by default. In other States, it can be different.)
They could not do anything without first getting a court judgment. (Hence, advice above to be sure you always show up for court dates and fight any judgment.)
If they got a court judgment, they would have a right to try to get the money somehow. They could not do anything to your house if you paid it. And they would be exceedingly unlikely to try if they had some other way to get the money like garnishing wages or a bank account, because it is a pain in the neck to foreclose on a house (10 times more work than simply garnishing wages).
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