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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Hello, In 2008, I helped my brother purchase a car. I

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Hello,

In 2008, I helped my brother purchase a car. I was the buyer and he was the co-buyer. However, I have never driven the car at all. It was in my brother's possession always. My brother got into an accident and was charged with DUI and the car was totaled and impounded. I have no idea where that car is until now. I figured my brother would take care of everything since he was making the payments and covering insurance payments also.

After the car was totaled he just stop making payments to the car loan company. Now the company has summoned me to file an appearance in court and apparently they want to sue me for the remainder balance. I don't want to file bankruptcy again. I am currently working on paying off my debts and I have new credit that I am maintaining. Which is building my credit as we speak. I can't afford this amount they are suing me for. What should I do and what are my rights in this issue?

Thank you for your question. Please permit me to assist you with your concerns.

I am genuinely sorry to hear that you are in this situation. Absolutely DO NOT ignore the summons. Since you signed off on the vehicle, legally you are 'jointly and separately' liable which means that the debt holder can choose to pursue you, your brother, or both of you for this same debt until it is paid off. The claim that you never touched the car, used the car, or was otherwise not involved is not persuasive since your name was on the vehicle, so the best argument is to appear and show that you are essentially 'judgment proof', that is, it will cost them more to sue you and retain judgment than they will ever be able to get from you via collections.

Good luck.

Customer: replied 3 years ago.

I don't understand fully when you say I am judgement proof so is it possible for them to loose? and Can I place in consolidation? I am currently signed up with one now.

Thank you for your follow-up, Esperanza.

A statement that you are 'judgment proof' is a legal term where someone is so poor or destitute that even if the other person can get a ruling against them, the chance that the person will pay back the debt is very low. For example someone who is bankrupt may be judgment proof, or someone who is very old and whose only means of support is social security benefits. That does not mean that the debt goes away or that the person cannot sue you and win, it simply means that their chance of getting paid on this debt is very low, so many creditors choose to not pursue this person but instead just write off the debt.

Otherwise this is a very valid debt against you and this debt can likewise be included in your consolidation.

Good luck.

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