Default on auto loan and collections advice
I have an auto loan, it was my girlfriends car but she passed away. Am I responsible?
I have an auto loan, that I cannot pay, it was my girlfriends car but she passed away, and i am alone raising our two children. I Have to pay the car company so that i don't go to jail, they have said that they will not accept anything less that paid in full, and that is $12,000 please help me i will make the monthly payments if i can get a loan. My name is Francisco G.
First, I think you may have some erroneous impressions about the car note. I don't understand why you have to pay for the car unless you signed the note as a guarantor (or some other capacity) at the beginning. There is a good chance that you do not need to pay the auto loan, since it is not your loan... again unless you cosigned or guaranteed that loan.
Even so, going to jail for non-payment is not possible without some very unusual circumstances. I hope the auto finance company has not threatened you with that kind of action, because it would be illegal. You will need to seek an attorney's advice about this, but rest assured non-payment of a debt is not a criminal offense in America.
You will also need to see an attorney concerning the title of the car. It would be a terrible outcome for you to pay the note down and then to find out the car really doesn't belong to you. Unless your girlfriend, (may she rest in peace) wrote a will leaving the car to you, you may not be acquiring good title as you make payments. An attorney practicing probate and other estate matters will be able to help you with that as well. If you don't want the vehicle and you find out that you are not personally liable on the note, you can turn the car in to the creditor and that will be the end of it. Do this ONLY after double checking with your attorney.
Good luck, my friend.
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