My wife bought a car in her name only, my name appears no where on the contract. The car was eventually repo'ed. My wife then filed bankruptcy. Next thing I know I am being sued for the balance of her car note. They say the have justification under the "Family Purpose Doctrine". Also, they say that because the car was used to accomplish family responsibilities, I am fully responsible. Do they have a case? Should I be worried?
2006-07-09 16:22:46 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Live in Colorado
2006-07-09 16:43:27 · update #1
It actually depends on the state in which you reside. If you live in one of the nine community property states any debt incurred by either spouse individually or by the couple together is considered marital property. These states are: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. This means any debt incurred by one individual in a marriage is a debt for that person's spouse. If you don't live in one of the above states, check on the legal issues in your state.
2006-07-09 16:37:06 · answer #1 · answered by misscatitude2002 3 · 2⤊ 1⤋
You mentioned that your wife declared bankruptcy. What does that mean? Are you still married, or divorced? If married (even if separated), you might have a problem.
Keep in mind, however, that "you can sue anyone for anything". To be sued merely means that a complaint has been filed in court. It does not make you guilty.
Don't voluntarily give them any money until you have asked a lawyer if they have a legitimate foundation. Debt collectors are masters of intimidating people into giving up and giving in - even if they have no true legal ground.
2006-07-10 00:01:00 · answer #2 · answered by eric.s 3 · 0⤊ 0⤋
Legally, since your income and her income probably paid for the car, they can come after you. They look at any means necessary to get their money, and a spouse is liable for anything the other does. It becomes a mess when this type of thing happens and the couple is divorced. My friend had it happen to her. Her ex filed bankruptcy, and all his creditors came after her. It took her years to clean up the mess on HER credit.
See a lawyer - they might be able to find out if there is anything you can do, but they have the right to go after you, since you are her spouse.
2006-07-09 23:35:48 · answer #3 · answered by volleyballchick (cowards block) 7 · 0⤊ 0⤋
I always thought that when you're married, the debt belongs to both of you regardless of who actually made the contract. For example, if you're wife died after being in the hospital for a month, would you be responsible for her medical bills even though she was the one who signed the "I accept financial responsiblity" form?
I really don't know. I'm just giving you my impression.
2006-07-09 23:33:16 · answer #4 · answered by TrippingJudy 4 · 0⤊ 0⤋
I learned the hard way that being married to someone makes you liable for all kinds of crap you had nothing to do with. In my state anyway. Get a lawyer; unless the lawyer will cost ya more than the car loan.
2006-07-09 23:27:36 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You have my sympathy because i was made to repay a bank loan for £4000 taken by my ex husband on our joint account, i had no knowledge of it! I consulted with a solicitor who told me that, and although unethical from the bank, ours was a joint account so i had to pay it back.
You say your wife filed for bankruptcy? There have to be agencies your way who would be able to give you more information than anyone here can! Consult with one as soon as you can and hopefully ... You won't have to go through what happened to me !
God luck!
2006-07-10 07:19:04 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Find a lawyer/attourney/solicitor or whatever and get some legal advice, FAST!
2006-07-09 23:29:18 · answer #7 · answered by The Techie 4 · 0⤊ 0⤋
I would get a lawyer. I would consult with him and hopefully get a good answer. If they do have it right, you should be worried. Hope to god everything goes right.
Good luck.
2006-07-09 23:27:13 · answer #8 · answered by Anonymous · 0⤊ 0⤋
No. Do not be worried. And do not pay. However, it is always best to get professional legal advice.
2006-07-09 23:29:01 · answer #9 · answered by Saudi Geoff 5 · 0⤊ 0⤋
Yes, they have a case. Yes, you should be worried. Your wife's debt becomes your debt.
2006-07-09 23:32:54 · answer #10 · answered by slagathor238 5 · 0⤊ 0⤋