What is the name of your state (only U.S. law)? Arizona
My fiancé was just served a summons for defaulting on a car loan. The car was repossessed and sold at auction, so they are seeking the balance plus fees. However, when we had the car, I made almost all of the payments for it through my bank account and when I would call them to make payment arrangements whenever I was late on the bill, I'd always have to tell them that I was calling because I was the one who made the payments for the car and when they'd ask who i was I'd say I'm his wife just to avoid any additional hassle with questions or calling my fiancé on 3 way to get his "verbal consent to allow me to speak on his behalf" etc etc. Sometimes they'd make me put him on the phone but other times not. Towards the end, I was even getting mail from the finance company with my name on it too but I was never on the loan nor did I take part in the purchase of the car. So on the papers that he was served tonight it says his name but then there is a section that says: "upon information and belief, the defendant & Jane Doe (Last Name), are husband and wife, who are both residents in Maricopa county." and it says that both of us are supposed to appear in court and we have 20 days from today to do so. We have been together for 5 years and have never gotten legally married. We have never signed anything together for a loan or credit or anything like that but since I have made almost all of the car payments when we had it thru my bank account Will they come after me for the debt even if we are not legally married? My fiancé plans to file BK immediately for this, but will that only save him and enable them to garnish my wages etc? Please help I am freaking out! Thank you!
My fiancé was just served a summons for defaulting on a car loan. The car was repossessed and sold at auction, so they are seeking the balance plus fees. However, when we had the car, I made almost all of the payments for it through my bank account and when I would call them to make payment arrangements whenever I was late on the bill, I'd always have to tell them that I was calling because I was the one who made the payments for the car and when they'd ask who i was I'd say I'm his wife just to avoid any additional hassle with questions or calling my fiancé on 3 way to get his "verbal consent to allow me to speak on his behalf" etc etc. Sometimes they'd make me put him on the phone but other times not. Towards the end, I was even getting mail from the finance company with my name on it too but I was never on the loan nor did I take part in the purchase of the car. So on the papers that he was served tonight it says his name but then there is a section that says: "upon information and belief, the defendant & Jane Doe (Last Name), are husband and wife, who are both residents in Maricopa county." and it says that both of us are supposed to appear in court and we have 20 days from today to do so. We have been together for 5 years and have never gotten legally married. We have never signed anything together for a loan or credit or anything like that but since I have made almost all of the car payments when we had it thru my bank account Will they come after me for the debt even if we are not legally married? My fiancé plans to file BK immediately for this, but will that only save him and enable them to garnish my wages etc? Please help I am freaking out! Thank you!