Legal Question in Credit and Debt Law in Pennsylvania

I totaled my car

It's being financed through JD Byrider

I had no collision on car

It is my boyfriends insurance policy

JD Byrider is claiming that they can pursue having my drivers license provoked

if I don't pay on the loan.

Is that true?

Cynthia Arthur

484-794-7565


Asked on 12/09/11, 7:45 am

2 Answers from Attorneys

Matthew Nahrgang Nahrgang & Associates, P.C.

Yes, that is true. A creditor can have a license suspended for failure to pay a judgment which is the result of operating a motor vehicle. While this presents a unique case, in that the debt is not specifically as a result of operation, I would advise considering a bankruptcy. That will certainly avoid any issue.

Feel free to call or e-mail me on a free initial basis.

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Answered on 12/09/11, 8:57 am

I don't know what you did but how were you able to finance a car without any insurance for collision? Most lenders want protection. Moreover, WHY was this insurance in your boyfriend's name? Insurance follows the title to the car. If you owned the car and the car was titled solely in your name then you had to get the insurance. You could add your boyfriend as an authorized user. And its a very bad idea to entangle your finances with those of your boyfriend or own a car jointly with him, if that was the case.

The fact that you were with JD Byrider suggests that you either have no credit history or bad credit. I don't know how much you owe on this and if you owe other debts or what assets you have, but it might be a good idea to take Attorney Nahrgang's advice and get a consult with a bankruptcy attorney. If you are going to do this, I would do it before you get married if you are contemplating marriage to your boyfriend or someone else

Otherwise. since you totaled the car and had no insurance, you are going to have to pay the remaining balance on the loan, by either continuing to make payments or by some other means. Depending on the amount owed, you might be able to save up and settle the debt in a few months.

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Answered on 12/09/11, 10:35 am


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