What are a co-owners rights regarding a carin the event of a tax levy?

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What are a co-owners rights regarding a carin the event of a tax levy?

When I was in college, my father co-signed my car with me. I made the payments and have been the primary driver for the last 6 years. I have been the one taking care of the car entire time. After finally paying off the car, I got the title but I never went to the DMV to get it in just my name. Now my father has a tax lien against him for unpaid debts, and they levied my car since he is still on the title of my car. I don’t want my car to be taken away for his credit card debt. What are my options?

Asked on January 3, 2011 under Bankruptcy Law, Delaware

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are not in the best of shape here with this matter.  A tax levy is one of the strongest you can have and the leeway for taking anything held jointly - tax returns, property - is great.  Is it for taxes or is it for credit card debt?  You have a better shot for credit card debt.  You need to try and file an objection to the levy but get together all of your proof - payments made , an affidavit from your Father, registration of the vehicle and payment made for it, insurance showing you as the insured party - and see if you can get before a Judge on the matter.  You will probably need some help here so a consultation with an attorney may work best.  Good luck.


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