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  1. #1
    Join Date
    Jul 2019
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    5

    Default Repo - Late on Pmnts, No Insurance, Car Borrowed, then Repoed. Who Liable

    My question involves a consumer law issue in the State of TX! I was late on pmnts and hadnít updated insurance and my dad-in-law took car and got his own insurance on the car for himself (we had written contract of anything happened he would take over all liability). It was repoed the day he got insurance and now auctioned I think. Balance is $24,000 (donít know auction price or fees). Will my personal contract and the fact he got insurance on it help me either pass on the debt to him or maybe his insurance?

  2. #2
    Join Date
    Nov 2013
    Posts
    6,663

    Default Re: Repo - Late on Pmnts, No Insurance, Car Borrowed, then Repoed. Who Liable

    Your dad-in-law getting insurance in his name has nothing to do with your debt to the lender. The vehicle was reprocessed and auctioned. You need to find out what the proceeds of the auction was. You are likely responsible for the difference of the loan balance minus the auction proceeds. The lender can sue you for the difference if it is significant.

    I'm not sure what all liability means in your post. Is it liability for payment of the loan or liability should the vehicle be damaged or involved in an accident.

    Either way, unless your dad-in-law is willing to just pay what is owed, you will likely have to sue him to enforce your contract with him.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,427

    Default Re: Repo - Late on Pmnts, No Insurance, Car Borrowed, then Repoed. Who Liable

    Eh? Your father in law wasn't the one who didn't make the car payments. The fact that it was repo'd while in his possession isn't his fault. As Bud says, they'll come after you for any deficiency in the process. Absent seeing the "contract" you had with your relative, we can't tell you if you have a course of action against him, but I tend to doubt it and even if you did, he's probably not going to be easy to collect from. The bank you screwed doesn't know or need to care about your illegal transfer to your father in law.

  4. #4
    Join Date
    Jul 2019
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    5

    Default Re: Repo - Late on Pmnts, No Insurance, Car Borrowed, then Repoed. Who Liable

    I would have to show you the contract between us Iím not sure how, but Iíd be willing to sue him. Iím not sure the transfer was ďillegalĒ as insurance was in his name while driving it, and I know the lender does not care how about any of that so I guess my question is is my contract with him enforceable?

    By all liability I am mean payments on the car, any damages done to the car while in his possession, any fees associated such as repossession or towing while in his possession, which is in our written contract. So yes youíre helping me narrow it down to is our contract in forcible?

  5. #5
    Join Date
    Sep 2010
    Posts
    19,427

    Default Re: Repo - Late on Pmnts, No Insurance, Car Borrowed, then Repoed. Who Liable

    Who knows, we can't see it. But that doesn't change your obligation to the lender that YOU make the payments and that YOU maintain insurance.

  6. #6
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,653

    Default Re: Repo - Late on Pmnts, No Insurance, Car Borrowed, then Repoed. Who Liable

    Quote Quoting Jankinz
    View Post
    I would have to show you the contract between us I’m not sure how, but I’d be willing to sue him. I’m not sure the transfer was “illegal” as insurance was in his name while driving it, and I know the lender does not care how about any of that so I guess my question is is my contract with him enforceable?

    By all liability I am mean payments on the car, any damages done to the car while in his possession, any fees associated such as repossession or towing while in his possession, which is in our written contract. So yes you’re helping me narrow it down to is our contract in forcible?
    No, your contract with your father-in-law isn't enforceable. You are the one who got yourself as well as your in-law into this mess by not making payments. If your father-in-law were to get parking tickets on the vehicle, then your contract (if it were even legal) could be enforceable, but the way you screwed your father-in-law over, no court would rule in your favor.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  7. #7

    Default Re: Repo - Late on Pmnts, No Insurance, Car Borrowed, then Repoed. Who Liable

    Quote Quoting Jankinz
    View Post
    My question involves a consumer law issue in the State of TX! I was late on pmnts and hadn’t updated insurance and my dad-in-law took car and got his own insurance on the car for himself (we had written contract of anything happened he would take over all liability). It was repoed the day he got insurance and now auctioned I think. Balance is $24,000 (don’t know auction price or fees). Will my personal contract and the fact he got insurance on it help me either pass on the debt to him or maybe his insurance?
    Does your wife know that you are trying to screw her father like this?

  8. #8
    Join Date
    Mar 2013
    Posts
    17,494

    Default Re: Repo - Late on Pmnts, No Insurance, Car Borrowed, then Repoed. Who Liable

    Quote Quoting Jankinz
    View Post
    By all liability I am mean payments on the car, any damages done to the car while in his possession, any fees associated such as repossession or towing while in his possession, which is in our written contract.
    Quote the contract word for word, all of it.

  9. #9
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,653

    Default Re: Repo - Late on Pmnts, No Insurance, Car Borrowed, then Repoed. Who Liable

    AJ, regardless of what an illegal contract were to say, OP can not enforce the contract on something that he screwed up on. OP missed car payments and the father-in-law is the one getting screwed, not once, but twice... The first time the father-in-law got screwed by getting the vehicle repossessed because he put money down on the insurance that he has now lost, and then he got screwed again from his son-in-law trying to recoup the money for the loan from him or his insurance company for not making payments on the loan which resulted in the repossession.

    If the father-in-law were to take over payments on the vehicle, and then missed those payments, then the father-in-law would be liable for all and any cost associated with the loan and repossession. But that is not the case here.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  10. #10
    Join Date
    Mar 2013
    Posts
    17,494

    Default Re: Repo - Late on Pmnts, No Insurance, Car Borrowed, then Repoed. Who Liable

    AJ, regardless of what an illegal contract were to say, OP can not enforce the contract on something that he screwed up on.
    True.

    I just like to see what kind of foolishness people get themselves into.

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