GMAC Finance Uncooperative service reps, heartless b@stards Nationwide

Thank you for the input.
The bank told me they could not do anything but issue a stop payment (for a $35 fee) for the exact amount they planned on deducting. That actually did work and thankfully they didnt try for a different amount.
Unfortunately I dont know too much about probate etc. To behonest, at 35 years old I never even thought Id need to know anything about it. All I do know is hat we really have no assets, other than a small business we own.

Luckily, one of my sister-in-laws is an estate atty in Tennessee. She has offered to check AZ laws & find out what kind of protection I have, if any.

I dont want to screw companies out of money, but dont feel I should be responsible for a vehilcle I dont own or ever purchased. But we'll see what happens. I dont fault GMAC if they follow the law, but they could definitely do it with more compassion or courtesy.

Incidentally, we purchased a travel trailer (under my name) and financed it through American General. I called and told them what had happened, and that I may have to surrender the RV as I could not longer afford that either. They were quite understanding and gave me extra time I requested to clean it up a little and borrow a truck to get it to their office. A few days ago I received a notice in the mail stating they were going to sell the RV and they would not bill me or hold me responsible for any amount left due after the sale. A bit of kindness and understanding left me feeling a bit better about everything.

Again, thanks for the kind words, suggestions and the chance to vent.

The OP is in Arizona, which is a Community Property state. GMAC can legally come after her for the total debt, because the debt was incurred while marriage and therefore the truck and its debt are part of the marital estate.

GMAC can continue to debit from what was the joint account because an account holder gave them authorization. She needs to close that account and open another one in her name only. GMAC cannot debit that account.

My condolences for your loss. Did you try having the bank stop payment on the auto drafts?

And also, in order for the creditors to be closed out properly, your husband's estate will need to be paid out through probate. I hope you've opened a case. Usually the surviving spouse would be the trustee, which means that you would still get the calls, but the calls would be to inform them the status of the estate.

First of all, I am sorry for your loss. I know this is a painful time in your life. What happens in the case of someone dying is that their assets stand good for their debt. When you two opened a joint bank account that became an asset in his name even though your name is on the bank account. It does not matter if the truck was in just his name or in both of your names. The fact that the bank account had his name on it make it an asset of his. What you 2 should have done was to not open a joint account when there is an dept in his name only. What will need to happen is that his need to be sold to pay off the debt. What GMAC is going to do is to sell the truck at an auction most likely for less than the amount for the loan and will come after is estate for the difference. What you should have done was to sell the truck and anyother asset and pay off the truck.