QUESTION
Can a judgement take our car? If so do they pay off the loan?
Asked on Feb 19th, 2017 on Debtor and Creditor - New York
More details to this question:
My boyfriend has a debt of $13,309 that a judgement has been placed against him and is ordered to repay. He owns no property and only has VA disability benefits and GI BIll. We have a new car but it is only worth around 15,000 KBB but we still owe 16,000 on the car. Can they take the car? And if they did, would they have to first pay off the auto loan remaining? It does not seem very logical that they would take it, but we have no other means to pay this loan at this time. It was a loan taken out in his name by his ex-wife while he was deployed. They are already divorced and doesn't know if he can sue for this. He is worried to sue because he is afraid she will increase his child support payments out of spite. Any advice will help. I am a co signer on the car so I am worried how this might affect me.
1 ANSWER
1 Award
There are several issues. TO answer your direct question, if the car was taken by the judgment holder then it would need to pay off the lien from the lender. Generally, judgment holders do not take cars for this reason. However, if the judgment was on default and the papers were forged, he can move to open the judgment and have it canceled. However, this would require reporting the forgery. Child support is based on income, and no one can increase it for spite. There are strict guidelines setting the amount.
Answered on Feb 20th, 2017 at 6:13 AM