Legal Question in Credit and Debt Law in California

car loan, wife and my name on the loan,wife made all payments untill abandoning the marriage( no clue her location) taking the car and apparently has missed last 4 payments planning to file for divorce but i need options on what to do to protect myself financially from a probable car loan default since i am in no position to make those payments myself and am currently struggling to raize funds to get the divorce moving and will probably be back to this site for advice on that too lol.


Asked on 10/26/09, 2:49 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

There isn't really anything you can do to avoid liability on the loan. As a co-debtor, the car lender can come after either you or your wife, or both. If the car has disappeared, it just means that what you are going to owe the bank is that-much-more since they probably cannot repo the car. Do everything you can to track her down, then point the car lender to the car so they can at least recover the car and minimize your damages. Unfortunately, once you have obtained the loan and received the car, the lender is just not going to let you off the hook unless you can make it worth their time by offering some amount of money to settle the debt on your part. Best bet is find her, and the car and let them recover it.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 11/02/09, 1:36 pm


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