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about 4 years ago my now ex boyfriend and I financed a car together. After we split up I allowed him to keep it on the terms that he would continue to make the payments and let me know if he could not so I could take the car. All the statements and everything would come to my house though. Without my knowledge he changed the information on the account so that everything would be mailed to his house. I just assumed he had set up an online account and did not think anything of it and figured I would still be notified if he was late on a payment or anything. Now four years later I have recieved letter in the mail informing me that the car was reposed and the account has been sent to collections i contacted him about it and he informed me the car was reposesed over a year ago. Is there anything that I can do to get the collectors to go after him? Do I have grounds to stand on since I never approved an address change nor recieved any notice of failure to pay the bill?
Were both of your names on the car, or was it just under your name?
Both names were on the car however the letter I received today had only my name on it. We bought the car in July or Augist of 06 i believe and the last thing i knew was that in september of 07 a year later it was "stolen" according to him but it was supposedly recovered.
If both of your names were on the car then your boyfriend, as a registered co-owner, had the right and ability to change the address. The company did not have to notify you since it was still an authorized person who requested the address change. Since the address was changed, you of course would never have gotten notice of a default. That still does not take you off the hook from the responsibility with the car financier--remember that he made an agreement with both of you and from the financier's perspective it is irrelevant as to who breached so long as it occurred. The finance company can now go after either of you jointly or singly in collecting the deficiency judgment. But you do have an option. If you have a written contract with your boyfriend to the fact that he was responsible for the car, or you have some extrinsic (outside) evidence in which your boyfriend accepts responsibility for payments and the car, then you can sue the boyfriend for the deficiency judgment and damages to your credit (unlikely to be awarded but does not hurt to ask for). You would be able to bring the contract or the evidence to court and demand that the judge rule in your favor for any damages and monies that he would owe you due to his breach. But again, that would still not remove your debt to the finance company. So you can sue your boyfriend for damages and value of the deficiency so you can provide it to the credit company yourself. Sincerely, Dimitry Alexander Kaplun, Esq.
Even if he was just the cosigner on the car he can still legally change the address on the account? And why would nothing have came to my address before for three years and now that it is in collections magically it is being sent to my house where i have lived the entire time?
Yes, he can. If he changed it and the company changed the address, then all documentation would go to the new address and not the old one. Once the address is changed, the company does not have to keep sending papers to the old address. Sincerely, Dimitry Alexander Kaplun, Esq. _______________________________________________________________________ Please click "accept" so I can be compensated for my assistance. Thank you!
Attorney
JA Mentor, Licensed in PA & NJ, specialize in business/contract disputes, estate creation & admin