Can i sue for payments not made on a car that is in my name?
i did a dumb thing by signing for my ex's car, i know, you don't need to tell me that. just tell me how to fix it?
On the loan, i am listed as the owner and he is the co-signer. The car was registered and insured in his name i never drove it.
He's not making the payments and i can't afford to. I've accepted the fact that i'll just have to have it reposessed and take the mark on my credit is a lesson learned. However, is there any way i can sue him or something for the money that i'll still owe after the repo? it was registered and insured in his name and he has the car
Answer:
You could spend the money to sue, mind you it is very expensive, but the question is if he can't afford the car payments how is he going to pay you? Is it really worth the expense of suing and the balance of the car pay off after they auction it off?
Yes you can sue and also have a judgement against him for damages as well.
You will have a much easier time if you two had a written agreement that said he was responsible for the payments. If not, it'll be harder to prove.
You have already been given the LEGALLY CORRECT answer in your other post. I suggest you read it.
The car is in your name. Unfortunately you are responsible for payments. Sell it asap
If you are the primary lender for the car loan, you have to foot the bill. The credit people will go after the co signer if you don't pay, so if he doesn't pay his credit will suffer also.
Yes this is on court tv all the time. Just have all your paperwork in order when you present them to the judge.
Absolutely. Take him to small claims court (up to $5000.) In fact, Judge Judy had a case exactly like this just the other day. The person suing won. They got their money back.
Yes you can go to like a small claims court and take the right documents, of what payments you have made, and what he's paid if he has paid anything, than get the price of what needs to be paid on it, and if you do it quick enough, you might be able to save your credit, by getting the money for him, before they reposses the car.
Haven't you ever watched any of the court shows on TV? Of course you can sue for the unpais car notes, I'm pretty sure you can have the car reposessed also until he becomes current on the payments
Well, your credit will go down the tubes. I would get a lawyer. I would think about calling the bank or whoever you got the car loan from. Make an appointment to see the President or another officer (don't hold out much hope with banks these days -- they don't do squat and don't keep their word) and take a notarized statement with you stating that you do not have possession of the car and that you would appreciate the bank repossessing it. Sometimes you can negotiate a settlement rather than default. Your ex is the co-signer so the bank would go after him for payment if you fail to make the payments. Next send a letter to the newspapers stating that you will only be responsible for debts that you have personally contracted -- again see a lawyer first because there are rammifications regarding this, too. You don't have possession of the car so don't worry about the repossession except from your credit standpoint. Since you made the loan, hopefully you are vested in ownership. So, maybe you should get a court order to get the car. Once in your possession, sell it and pay off the loan. You'll get a lot more for it by selling it yourself than you'll get it if it's repoed.
If you are listed as the owner of the car on the loan but the title is in his name, that could be considered "fraud" because you took out a loan on something that you didn't own. If he is the co-signer, then he is probably also listed as a co-owner. You'll have to check it out via the paperwork. Get copies of the title. If you have ownership in the vehicle, then you should repossess it yourself -- but again, do it legally. Get an attorney.
You can sue anyone for anything. The question is whether or not you can win. In this case, if he is not making the payments, it's possible that he can't afford to. You can't get blood out of a turnip. So why waste your time and money? I'd say go to a lawyer, spend a little money and get the paperwork to ensure that you can mitigate the bad marks on your credit and keep them from growing. Ensure that he can't obligate you or cause you any other problems. You can write a letter to the credit bureaus and explain that you are recently divorced and that you aren't responsible for his debts. See a lawyer first!!!!! Spending up to $1,000 for legal advice is better than getting buried in debt and bad credit for the rest of your life. A lawyer might have better information for you. Again, you might be able to enter into a settlement agreement with the banks and the other creditors to reduce your payments and interest. You could talk to a credit counsellor but make sure that the counsellor is approved and legit.
he aint payin you dont wanna take a hit on your credit...dumb just keeps gettin dumber.it aint going to get better, you have to make a decision, by figuring out what you can live with..
Would not hurt to go to city hall and get the paper to fill out to file a small claim. He hurt your credit rating as well.
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