Am I Liable for a Joint Vehicle Being Repossessed if My Husband and I are Separated?

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“My husband and I have been separated since May of this year. I have not started the legal paperwork yet for a divorce. We are joint co-signers on a vehicle that he kept in his possession after the split. This vehicle was repossessed this past weekend. Can the finance company come after me for wage garnishment or such? Do I have any rights in this situation?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

As a co-signor on a loan, you are obligated to make the payments in accordance with the terms of the contract. As such, the finance company may choose to recover any balance due on the note, which may include more aggressive actions such as wage garnishment. To help protect yourself, you should communicate your situation with the finance company and see if they are willing to work with you. Since the debt isn’t likely to disappear, you may be able to work out some sort of payment plan or settlement option. As far as wage garnishment specifically, the finance company needs to obtain a court order before it can garnish your wages. These are usually granted after a judgment has been awarded against you, and the finance company has located your assets it intends to use to satisfy the judgment. You may also want to contact an experienced lawyer in your area who can better advise you on how to proceed.

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Author: House Attorney

A house attorney has answered this question.