A credit card company that I do owe money to has retained a law firm who is a collection firm.. mine and my boyfriends name are both on title, he took out a personal loan to pay for it and is still paying for it, can the creditors take this car
Out of my driveway. I live in wright county Minnesota

If the credit card company has obtained a judgment against you, yes, they can levy upon property belonging to you and your boyfriend jointly, including the car. It will be sold pursuant to a writ of execution (or whatever they call that writ in Minnesota), pay off the lien, and apply whatever is left over to the debt you owe them.

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Originally Posted by AK lawyer

If the credit card company has obtained a judgment against you, yes, they can levy upon property belonging to you and your boyfriend jointly, including the car. It will be sold pursuant to a writ of execution (or whatever they call that writ in Minnesota), pay off the lien, and apply whatever is left over to the debt you owe them.

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Just a question, are you saying that a vehicle in 2 names can be taken even if the loan is only in one name? If an accident occurs and the car is in only one name, my understanding is that property in joint ownership ie: a house can not be taken. Right or wrong?

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Originally Posted by catonsville

Just a question, are you saying that a vehicle in 2 names can be taken even if the loan is only in one name? If an accident occurs and the car is in only one name, my understanding is that property in joint ownership ie: a house can not be taken. Right or wrong?

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She said the title is in both names so it really doesn't matter who is paying for it...she is an owner. It sounds like he might have taken out a personal loan to pay for it.

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Originally Posted by catonsville

, my understanding is that property in joint ownership ie: a house can not be taken. Right or wrong?

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Sorry but your understanding is wrong. ANY asset that one has an ownership interest in can possibly be seized by a creditor who obtains a valid writ of execution.

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Originally Posted by ScottGem

Sorry but your understanding is wrong. ANY asset that one has an ownership interest in can possibly be seized by a creditor who obtains a valid writ of execution.

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I still question how an innocent person could be forced to sell their home to settle a loan by the guilty party ie: owner of the home. Especially if the loan was a personal loan. Also is this 50 state wide? No Lawyer by any means.

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Originally Posted by catonsville

I still question how an innocent person could be forced to sell their home to settle a loan by the guilty party ie: owner of the home. Especially if the loan was a personal loan. Also is this 50 state wide? No Lawyer by any means.

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First, where do you get the idea that this would be an innocent person? Anyone who enters into joint ownership of an asset should do their due diligence and know whether the partner has debts or not. Second, as far as I know this is a basic principle of law, not confined to the US, so yes it is applicable to all 50 states.

However, its not as simple as you state. First, homes are a special class of asset. Homes are generally secured by liens, so someone suing over an unsecured debt is unlikely to be allowed to attach a home whether wholly or jointly owned. So the type of asset will have a bearing on the creditor's ability to attach it. But the principle that a joint asset is attachable for a debt of one of the owners, is very common.

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Originally Posted by ScottGem

First, where do you get the idea that this would be an innocent person? Anyone who enters into joint ownership of an asset should do their due diligence and know whether the partner has debts or not. Second, as far as I know this is a basic principle of law, not confined to the US, so yes it is applicable to all 50 states.

However, its not as simple as you state. First, homes are a special class of asset. Homes are generally secured by liens, so someone suing over an unsecured debt is unlikely to be allowed to attach a home whether wholly or jointly owned. So the type of asset will have a bearing on the creditor's ability to attach it. But the principle that a joint asset is attachable for a debt of one of the owners, is very common.

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Live, learn and ask questions. Hate to question you guys on this. Let me pose it this way Scott. Say you have a girlfriend, and you are dumb enough to put said car in both name and you use your personal credit card in your name only to pay for the car, is your girlfriend guilty and will she lose her share of the car? Just asking, as I read the op's input.

P.S. if your answer is yes, it makes me think of how the government operates when it wants to take something.

Joint ownership in an asset is really not much different then cosigning on a debt of any type... one party migh get you in the mess... but both parties share in the liability. Joint bank accounts are the same... comingle that money... and if one person gets a writ issued against them... that money can be seized along with yours.

Damn good reason why you should never put Anyone's name on anything you own... or put yours on anyone else's unless it's a SPOUSE you are currently married to. Or cosign on a loan, for a cell phone or anything else. They can run up a debt and walk out and you get stuck with it.

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Originally Posted by catonsville

is your girlfriend guilty and will she lose her share of the car?

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Its not a matter of guilt or innocence here, it's a matter of ownership. Said girlfriend was given ownership in the vehicle. As such that ownership can be used by a creditor to recover debt.

Lets use another example. On a recent trip to visit my brother in Alabama, I learned that Alabama has something called title loans. You can take your car into one of the lenders and they will make a loan putting a lien on the title.

So lets say John buys a car and puts his girlfriend Jane on the title. Jane takes the car to one of these title lenders and gets a loan. Jane then takes off. John is now on the hook for that loan and will have to pay otherwise they will take the car.

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Originally Posted by ScottGem

So lets say John buys a car and puts his girlfriend Jane on the title. Jane takes the car to one of these title lenders and gets a loan. Jane then takes off. John is now on the hook for that loan and will have to pay otherwise they will take the car.

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Moral of the story: Don't trust Jane.
Sorry, I couldn't resist. Carry on.

Unless an ownership agreement specifies a specific share of ownership, each owner has full ownership.

FYA, Jane wouldn't even have to get a "title loan". If she is a joint owner of the car she can simply sell it.