What are my rights if I am being taken to court for a vehicle I did not purchase or sign for?
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What are my rights if I am being taken to court for a vehicle I did not purchase or sign for?
The vehicle was purchased by my current partner before we met. My signature is not on the contract. It was defaulted and the bank repossessed it last year. The bank is suing us both for outstanding fees after they sold it at auction.
Asked on March 28, 2012 under Bankruptcy Law, Illinois
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you are being sued for a deficiency judgment by the lender of an automobile that you never purchased and where you never signed any loan for nor co-signed for, you need to remember that the plaintiff bears the burden of proving that you are somehow responsible for the claims plead against you.
Your best defense is that you never signed any documents with respect to the car and that you were never married to your partner who seemingly signed all documentation concerning the loan for the car.
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