Ask a Lawyer - Archive


   
Jointly Owned Car Repossessed To Pay Judgment
Loretta Salzano

Q. 

Can a company repossess a car if it is free and clear to satisfy a judgment on only one of the owners? The title is in two names but they're not related to each other. Thank you.

-- John

A. 

A free and clear car must've been a delightful surprise to this judgment creditor. Sorry, it sounds like they had the right to take it even though it also belongs to you. Next time, title the car only in your name! The same goes for bank accounts, houses and other property. All such property owned jointly (with right of survivorship) is subject to claims of either owner. If the car was titled as tenants in common (and I don't think I've ever seen that on a car title), then you would be entitled to your ownership share. It would be worth checking that out and then contacting the creditor as appropriate.

-- Loretta Salzano






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