Taking over car payments in Pennsylvania
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Taking over car payments in Pennsylvania
Is it legal for someone to “take over car payments” in the Commonwealth of Pennsylvania and if it is, what type of legal document should be written?
Asked on June 26, 2009 under Business Law, Pennsylvania
Answers:
J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Of course you have the option to form a deal which is essentially one person taking payments over for another person. In a case such as this one you would need a contract between the two parties which specifies who is taking over what for fair value there was consideration and both parties agree to the terms set forth in the contract. Once that is in place the two parties have a legal obligation to each other
This does not however relinquish the original persons obligation to the original creditor. I am not admitted in PA so I would suggest checking with a local attorney as to the specifics but oftentimes there will be language in the original loan agreement as to how if at all you can do this. If it specifies you can than follow the instructions as to how and the new debtor will take over and the original will be free and clear. Otherwise the contract is valid between the two parties but the original creditor still will hold the original debtor responsible. So please check your loan documents than speak with a local attorney as to how to change the note if you can at all. If you need further clarification feel free to post again and good luck
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