Legal Question in Credit and Debt Law in California

Car Reposession

I had bought a car, with a boyfriend. Now is my ex-boyfriend. The car was reposessed while in my posession. The car is not paid off. Does the co-owner have to pay or will I be responsible for the total bill? and if I have to pay the whole bill, how can the co-owner go about getting a judgement against me.


Asked on 6/05/09, 12:57 am

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Car Reposession

Here's the fun part of breaking up - you are both equally, and fully responsible for the debt! The lender will go after each of you for the full amount of the debt. Whomever pays more than 50% will, absent a written agreement between you and the boyfriend otherwise, have a cause of action against the other for recovery of the unequal amount they paid. Alternatively, since you were in possession, the ex-boyfriend may pay it and come after you for the entire amount claiming that he was just a co-signer for you. You may wish to retain an attorney to attempt to negotiate a settlement of the debt you are going to have shortly.

*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 6/05/09, 12:41 pm
Robin Mashal Century City Law Group, APC

Re: Car Reposession

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If you and your ex-boyfriend both signed for the car, you are both responsible for the payments. The car company can go after either one of you (or both of you) to get their money. You should consult your own attorney to protect your legal rights.

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Answered on 6/05/09, 4:59 pm


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