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Auto Loans and Repossession Creditor actions following late payment or default on motor vehicle loans.

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Old 02-25-2009, 12:57 PM
cvandaniker cvandaniker is offline
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Default Can a Bank Take Car Payments Out of a Joint Account if the Loan Belongs to One Spouse
My question involves an auto loan or repossession in the State of: Virginia/North Carolina

So I have two friends that are newleyweds. One is in the military and stationed in North Carolina, while the other is still living in Virginia.

Now, the husband has an existing car loan that is solely in his name, to a car that is in his ex's possession. He is not on the title or registration of the car that he carries the loan on.

Now, both him and his ex (who is not on the car loan) have stopped making payments on the car. However, the bank that holds the loan also holds the newlyweds joint bank account. The bank has since gone into the joint account and removed the funds that were past due.

Is the bank allowed to do this since the new wife has no legal obligation to this debt, nor has she or her husband given the bank permission to access their bank account?

PLEASE HELP!!!!!!!!
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Old 03-03-2009, 09:05 AM
Mr. Knowitall Mr. Knowitall is offline
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Default Re: Can a Bank Take Car Payments Out of a Joint Account if the Loan Belongs to One Sp
We're to guess that the car loan and account are with the same lender? In such a case it's a matter of contract, and if their contract with the bank permits the taking of the money then it's going to happen. She can move remaining funds to a different bank.

Joint bank accounts can also be garnished. If the wife can demonstrate that she put all the money into the account, she may be able to get relief from the court that issued the garnishment order.
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