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  1. #1

    Default Privacy Act And Spouses

    My wife bought a new car, only telling me the day before she was going to pick it up. Her lame story was actually that she was taking over her "girlfriend's" lease as she was moving out of state. The problem was the 'Thank You' card from the dealership that came in the mail, thanking her for her new car purchase. She continues to lie, even though I stopped by the dealership to try and get copies of the paperwork. They denied it based on the Privacy Act, but I thought that mainly applied to government agencies. Not those married to out-of-control spouses.

    Now, I know my wife's credit. She has none. She is not a citizen of the U.S. yet. So I am wondering how I can get the name of the person who helped her buy this car. I think I have a right to know just as the spouse. If she defaults on the loan, can't they seize joint assets? [If there are any left after the divorce] At least this explains the recent nights out, where she's returned an sun-up.

    Is there any way I can get the details of this purchase in a court of law?

  2. #2
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    Default Re: Privacy Act And Spouses

    You are entitled to the paperwork.

    My guess? The dealership was running a little fast and loose and is now trying to evade you.

    Get a lawyer on the phone today and get him/her to cut a demand letter to the dealership for the paperwork.

  3. #3
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    Default Re: Privacy Act And Spouses

    Quote Quoting cyjeff
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    You are entitled to the paperwork.
    How do you figure? New York isn't a community property state, and spouses may keep separate credit profiles.

    To the best of my knowledge, "But we're married!" is usually not enough to get you information about a transaction that does not have your name associated with it.

    (With the exception being an actual divorce case, which requires a lawyer to get the records.)

  4. #4

    Default Re: Privacy Act And Spouses

    Quote Quoting LawResearcherMissy
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    To the best of my knowledge, "But we're married!" is usually not enough to get you information about a transaction that does not have your name associated with it.
    I don't get this. I just got a judgment placed against me for a loan she defaulted on that my name was not attached to. She is an immigrant, whose visa I sponsored and thus I am accountable for whatever mess she creates. SO, how can this be that they can place a judgment on me for a bill she creates in marriage, but I can not get the info I need to stop it from happening again?

  5. #5
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    Default Re: Privacy Act And Spouses

    Quote Quoting LawResearcherMissy
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    How do you figure? New York isn't a community property state, and spouses may keep separate credit profiles.

    To the best of my knowledge, "But we're married!" is usually not enough to get you information about a transaction that does not have your name associated with it.

    (With the exception being an actual divorce case, which requires a lawyer to get the records.)
    You are correct... I made an assumption that her husband's credit was used to get the car.

  6. #6
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    Default Re: Privacy Act And Spouses

    Quote Quoting NY_Small_BusinessGuy
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    She is an immigrant, whose visa I sponsored and thus I am accountable for whatever mess she creates.
    Ah!

    Yes, that would complicate matters.

    The dealership still doesn't have to give you the information outright - and in fact, are usually prohibited from doing so without express permission of the person who has the loan - but in this instance, you do have grounds to get the info.

    You're still going to need a lawyer to do it, mind.

  7. #7

    Default Re: Privacy Act And Spouses

    Quote Quoting LawResearcherMissy
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    How do you figure? New York isn't a community property state, and spouses may keep separate credit profiles.

    To the best of my knowledge, "But we're married!" is usually not enough to get you information about a transaction that does not have your name associated with it.

    (With the exception being an actual divorce case, which requires a lawyer to get the records.)
    But New York IS a community property state! AND: Since she deposited $10,000 cash on the vehicle, there is no way of knowing where all the money came from, but some if it was certainly marital.

    F.Y.I. I took the dealership to court and won. I also won $500 for a Deceptive Business Practice under GBL.

  8. #8

    Default Re: Privacy Act And Spouses

    Quote Quoting NY_Small_BusinessGuy
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    But New York IS a community property state! AND: Since she deposited $10,000 cash on the vehicle, there is no way of knowing where all the money came from, but some if it was certainly marital.

    F.Y.I. I took the dealership to court and won. I also won $500 for a Deceptive Business Practice under GBL.
    Hey, can you give a bit more detail (just for my curiosity)? What did you win? Just access to the paperwork, or were you able to negate the loan?

  9. #9

    Default Re: Privacy Act And Spouses

    Quote Quoting RedT
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    Hey, can you give a bit more detail (just for my curiosity)? What did you win? Just access to the paperwork, or were you able to negate the loan?
    Sorry for the late reply to this: I won access to all the purchase records. It was sort of a catch-22. There was no loan, it turned out to be a cash deal. a $10,000 deposit on the vehicle and $13,000+ at pick-up. The dealership tried to say there was a loan and that I needed to take it up with the financier. My argument in court is that I would not know who the financier was nor the extent of community funds used without the purchase records. The court agreed and slapped their hand with a deceptive business practice per my request.

    To make it a little funnier: They tried to get out of paying the $500 to me so, I executed an property seizure for one of their vehicles and showed up to take a new car. (All with the proper forewarning of course). You couldn't imagine how quickly they cut the check!

  10. #10
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    Default Re: Privacy Act And Spouses

    Quote Quoting NY_Small_BusinessGuy
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    But New York IS a community property state!
    No, it isn't.
    Quote Quoting NY_Small_BusinessGuy
    AND: Since she deposited $10,000 cash on the vehicle, there is no way of knowing where all the money came from, but some if it was certainly marital.
    It doesn't matter. A vendor doesn't have to trace back the cash used by a customer making a purchase, or verify that it's okay with their spouse that they're using marital funds.
    Quote Quoting NY_Small_BusinessGuy
    F.Y.I. I took the dealership to court and won. I also won $500 for a Deceptive Business Practice under GBL.
    I'd love to learn more about that, given that you weren't even a party to the transaction. Was it a default in small claims court?

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