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Worried my finance's BK filing won't ensure that the collectors don't come after me

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TashaCam

Junior Member
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!
 


LdiJ

Senior Member
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!
Does the paperwork actually say "Jane Doe" or does it say your name?
 

Ohiogal

Queen Bee
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!
This is what happens when you LIE to people. You held out that you were married and thus committed fraud in order to get information when it was convenient to you. Even if your fiancé files BK you still have to deal with the court proceedings because you decided to lie. Now you will have to admit in court that you committed fraud in obtaining information on the account because you wanted it. Congrats.
 

LdiJ

Senior Member
This is what happens when you LIE to people. You held out that you were married and thus committed fraud in order to get information when it was convenient to you. Even if your fiancé files BK you still have to deal with the court proceedings because you decided to lie. Now you will have to admit in court that you committed fraud in obtaining information on the account because you wanted it. Congrats.
She hasn't answered the question as to whether she was specifically named or whether the paperwork actually said "Jane Doe". Therefore its not known whether or not she will actually have to deal with court, or whether her boyfriend will have to state that he is not married. Certainly his bankruptcy case will indicate that he is not married.
 

TashaCam

Junior Member
This is what happens when you LIE to people. You held out that you were married and thus committed fraud in order to get information when it was convenient to you. Even if your fiancé files BK you still have to deal with the court proceedings because you decided to lie. Now you will have to admit in court that you committed fraud in obtaining information on the account because you wanted it. Congrats.

But I am NOT MARRIED to him yet.. I have no paper work tying me to him at all.
 

TashaCam

Junior Member
She hasn't answered the question as to whether she was specifically named or whether the paperwork actually said "Jane Doe". Therefore its not known whether or not she will actually have to deal with court, or whether her boyfriend will have to state that he is not married. Certainly his bankruptcy case will indicate that he is not married.
Well he will be submitting the paperwork as single because we are not legally married.
 

Zigner

Senior Member, Non-Attorney
Regardless of what the you told the creditor, you are not the guy's wife. He will want to make sure that this is cleared up with the court. If he has an attorney assisting with the BK, then he'll want to notify the attorney ASAP.

I suspect that the you really doesn't need to do anything, since you are not personally named and you are not his wife...but it's best to be proactive. Heck, I don't believe you even need to be in court.


One thought, though...have you always lived in AZ?
 

TashaCam

Junior Member
Regardless of what the you told the creditor, you are not the guy's wife. He will want to make sure that this is cleared up with the court. If he has an attorney assisting with the BK, then he'll want to notify the attorney ASAP.

I suspect that the you really doesn't need to do anything, since you are not personally named and you are not his wife...but it's best to be proactive. Heck, I don't believe you even need to be in court.


One thought, though...have you always lived in AZ?
Thank you... yes we actually both spoke with his attorney today and they informed me that since I am not legally married, and that I am named as "Jane Doe" on the summons that I am not required to do anything at all. He said that this is actually a very common thing because so many people stay together for so long but never actually get married. But thank you so much for your help and advice. I appreciate the insight on this as I was really worried, but again thank you.
 

latigo

Senior Member
But I am NOT MARRIED to him yet.. I have no paper work tying me to him at all.
Please ignore the scaremonger Ohiogal (a/k/a "Chicken Little")! She is not an attorney; possesses no legal credentials whatsoever, and would not know the definition of actionable fraud if it were tattooed on her forehead in mirror image.

She once told a mother that she was guilty of felony perjury. In inconsequence of which she could expect immediate arrest, conviction and imprisonment. The mother's heinous crime, (that is, according to the doomsayer Ohio office worker)?

She had unnecessarily joined with her husband in filing a sworn statement that he was the biological father of her five-year old daughter! A child born during wedlock and adored by the husband as his own, but may have been conceived during a brief extramarital affair. The mother was unsure, but made the declaration believing that it served the best interests of the child.
 

LdiJ

Senior Member
Please ignore the scaremonger Ohiogal (a/k/a "Chicken Little")! She is not an attorney; possesses no legal credentials whatsoever, and would not know the definition of actionable fraud if it were tattooed on her forehead in mirror image.


She once told a mother that she was guilty of felony perjury. In inconsequence of which she could expect immediate arrest, conviction and imprisonment. The mother's heinous crime, (that is, according to the doomsayer Ohio office worker)?

She had unnecessarily joined with her husband in filing a sworn statement that he was the biological father of her five-year old daughter! A child born during wedlock and adored by the husband as his own, but may have been conceived during a brief extramarital affair. The mother was unsure, but made the declaration believing that it served the best interests of the child.
Ohiogal is a family law attorney and guardian ad litem in Ohio. Many people here are familiar with her credentials, including the administrator of these forums. You might want to make sure of your facts next time before you make such a declarative statement.

Also, Pot, you have made more erroneous statements of law on these forums than any other person who posts here.
 

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