Legal Question in Credit and Debt Law in Washington

I co-signed for my daughter to purchase an automobile, which she has been making payments on regularly. This past year her employment was reduced to onl 3 days week. She has been making partial payments, but is behind. They have been accepting the partial payments. Last evening they came to repossess the car. The partial payments are no longer acceptable and I cannot make the payments. They have harrassed me with repeated telephone calls as well as my daughters.

If they repossess the automobile, are we still responsible for making payments?


Asked on 12/17/10, 8:16 am

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Without the actual contract-note that is impossible to answer absolutely, but generally the note would provide that after the company disposes of the the automobile (sells it) to another buyer, the difference between the amount owed and the amount it was sold for would be paid to the appropriate party (i.e. if the car sold for more than you and your daughter owed she would get a payment of the difference, and if it sold for less than was owed you and she would still owe money on the car).

As to harassment, it is harassment for a debt collector to call you outside of legally specified time periods. If it is the holder of the debt that is calling you, then the restrictions are significantly lower. Harassment is a legal conclusion derived from facts, you have provided no facts that would support the allegation that you have been harassed.

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Answered on 12/22/10, 7:08 pm


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