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Can my home and other things of value be used to satisfy a loan from years ago, if taken to court?
Long story short, I had two car loans back in 2008, after securing my second car a few months later the company I was working from filed bankruptcy and went out of business therefore making me unable to keep up with my second loan. I continued to work up until 2011. 2011 to 2015 I did not work and did not have an income due to other reasons. I recently started working again and about a month and a half after starting, I received a letter stating that I still have my loan and that payments must be made or garnishment would take place. I called the company and explained that I have just started working and cant afford to make extra payments at this time, and am working to resolve this issue.
Now my question, me and my wife own our home and own a couple vehicles that are paid off, bought the cars in 2014 and the home in 2015. Both mine and my wife's name are on the titles, and deed. If the loan company did decide to take me to court, being that my wife was never on my loan, could they sue me and use my home or cars to repay the loan?
Sorry really not good at explaining or asking questions of this nature so please work with me and my state is michigan if that helps.
Let me clear something up me and my "wife" are not legally married, we are engaged, just habit to call her my wife. And as for having money to buy two cars and a house, I paid less for my house then most people pay for a good used car, and both of my cars are older 1996-1999. So please by all means dont assume I am spending 1,000s of dollars paying for other items and not my bills. The point of paying cash for my cars and house was to free up the extra money to pay off old and past bills.
3 Answers
- AthenaLv 75 years ago
You had cash to buy two cars and and home but NOT pay off past bills?
They may have you on this one.
As you are married, the fact that your wife is not on your original loans is irrelevant.
She married you and that includes your assets and liabilities. It is a family affair.
Now, the question is, when was the last time you made a payment on the 2008 loan?
Were you current in 2011? Have you made ANY payment on those car loans since 2011?
Have you JUST been contacted after a long time or have you been contacted continually since 2011?
There is a statute of limitations on when they can take action against you. It is usually four years after the last payment you made to them. IF you make ANY sort of "good faith payment" now, it resets the clock on the four years and you owe them.
If you were current until 2011 they may still be able to take you to court. You DO owe the money after all.
Whether they can seize your house in a court settlement depends on the state you live in.
- LarryBLv 55 years ago
You will have to check specific garnishment laws in your state of residence. While this loan company may be able to put court-ordered liens against your personal property, and/or get a judgement allowing garnishment of your wages or bank account, if you file bankruptcy at any time in the future, your home and one vehicle, along with a certain dollar amount of personal property are exempt and yours to keep. Any lien on your home and on one vehicle would be released.
Also, if you and your wife have income, you may wish to consider separate bank accounts. Garnishments from non-government judgement liens against the bank account will not differentiate between your money and her money unless it is consists of specific types of income, generally social security.
- Beverly SLv 75 years ago
No, their only collateral was the car. They can sue you (and garnish your wages) but they can't take property.