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My father in law lives at the same residence as my wife and…

My father in...

My father in law lives at the same residence as my wife and I. He secretly purchased a vehicle for a friend of his. The car loan is in his name. Not sure of registration but he does get bills for tolls with camera shots of the license plates. The friend is now avoiding him. She used him. If the friend has an at fault accident can my wife's homeowners be sued as well as the car insurance company if the car is registered at our address?

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

Virginia

Lawyer's Assistant: What steps have been taken so far?

He can't find her. She's hiding from him. We told him to report the car as stolen but he won't

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Answered in 4 minutes by:
4/21/2018
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 57,236
Experience: Attorney with 29 years of experience.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Good afternoon. If he's only on the loan, then you have no risk as he's only a lender. BUT, if he is on the title, then his assets would be at risk should this person have an accident. ONLY his assets, however, would be at risk. Your wife's homeowner's insurance would not be at risk if the home does not belong in any way to your father in law. Nor, would either of you or your wife have any liability. If your father in law is on the title, then he has the right to have the car repossessed as he owns the car. In that case, he could have a professional repossession company find the car and then repossess it.

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Just following up. My screen indicates that you have not reviewed my response. Please let me know if you did not receive it so I can re-send it if necessary. Thank you!

If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Customer reply replied 4 months ago
He is 1st on the carpet loan. She is co- borrower. He says she is making payments and we found statements showing they are made. We just don't know if he is making them or her. If she is making them, then why would she be in hiding? He does get bills from her going through tolls without an ezpass. If the bills are coming to him then the license plates have to be in his name and also the registration. Can he have the car repossessed if she is the one making the payments? He is 88 years old and she is in her 50's. She has gotten all she can from him and has moved on. There is also another vehicle involved with her son in which he loaned money and is not being repaid. please advise. We are in Va and she is in North Carolina but evidently the vehicle(s) have Va. Plates.
Customer reply replied 4 months ago
Car loan. Autocorrect put carpet

If he's on the title, he can take the car as he's the owner of it. You can call a repossession company in NC to repossess the car. Her payments would simply be considered car-rental payments to the extent she's making them. And, if the son or his mother owes money, you can file suit to collect it. Filing the suit will give you the collection options and leverage you need to collect the debt owed. That's because once the suit is filed and a judgment awarded, you become a judgment creditor, and if they don't then pay the judgment, you can have the sheriff serve a summons on them for a debtor examination. That forces them to meet you in court again and answer questions under oath about their assets. After that information is obtained, you have the power to garnish wages, attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property he owns to satisfy the judgment.

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Customer reply replied 4 months ago
Thank you. We believe he is on the title for 2 vehicles so he can have both repossessed and sell them. So he does not have to report them stolen. Thanks.

He does not. Repossession is a civil action while the stolen issue is criminal. :)

Richard
Richard, Attorney
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Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time!

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