2 years ago I made the stupidest mistake of my life. I helped my ex buy a car, I was the main buyer. We broke up shortly after and he continued with the payments. However he is not paying it for whatever reason. I am married and I just had a baby, and now my credit is ruined. I have never even driven the car. My first question, which I think I already know the answer, is: can I sue him and make him pay or can I legally reposses the car and how do I go about doing it? I know I am legally responsible for the car, but I don't have it in my possesion nor do I want it. Its not fair! Please help. The payments are too high for me to take over, but if I have too I guess I would.
N.,
What a shame. Unfortunately, there's not much you can do but pick up the payments. Co signing does make you legally responsible for the debt. I don't know if you could go to a judge and take possession of the car and the payments, then sell the car and pay it off. Might be a possibility, but I don't know anything about it really. Good luck. I'm so sorry this is happening to you.
D.
DO YOU HAVE THE TITLE OF THE CAR THAT PROVE IT'S YOURS. YOU COULD SENT A LEGAL LETTER ABOUT THE PAYMENTS BEING MISSED. HAVE IT REGRISTERED MAIL. SO THERE IS PROOF HE RECIEVED IT. AFTER YOU HAVE MADE AN ATTEMPED TO CONTACT HIM AND HE STILL FAILS TO MADE PAYMENT YOU CAN TAKE HIM TO COURT. BUT YOU FIRST MUST PROVE YOU TRIED TO REACH HIM. GOOD lUCK.
Hi N.,
The first thing I would do is contact your ex and find out why he's not making payments, where is the car, etc. Keep a record of everything, date and time you talked to him, copies of writen correspondence. Maybe you can work something out.
Contacting a lawyer would be your best bet, but I'm guessing you don't have the money for that. So...
Whose name is on the regisration with DMV? If it's your name only, your in luck. Contact your local police. However, if it's both your names or just his, he has the legal right to possession.
Did you have type of writen or verbal agreement with your ex? If not, your chances of recovering anything in court are not very good. Since you signed, your responsible. If there was an agreement between the two of you, small claims court is probably a good way to go.
The next thing I would do is contact the company financing the car. Explain your situation. Tell them you are not in possession of the car, and can not afford the payments. In most cases they will work with you. (A word of caution, in rare cases they won't work with you and try to bully you, don't let them do this.)
The person or company who holds the title is the legal owner of the car. Since payments are still owed this would be the company that financed the car. They have the legal right to reposess the car since they are the owners. This of course will destroy your credit, but keep in mind it's already damaged and this will prevent you from owing additional payments.
Remember to keep records of everything, so if this does wind up in court, you'll be prepared.
Once it's all resolved, write letters to all 3 credit bureaus explaining what happened.
Good luck.
You can't sue him, but you absolutely can take care of this. Hire a lawyer. Totally worth it!
If you were the buyer and the car is in your name then yes, you could take it back. It's not his (especially if he's not willing to pay for it!). Once you get it back, you could sell it and be done with it. Sounds like this guy is a real piece of work! Good luck!!
If you are the main buyer, the car is yours. You can have it repossed by the company/dealership where you got the loan. I would try to contact your ex first. Like others have said, by certified mail. That way you can say you tried. Keep all reciepts, and document EVERYTHING!!! Contact a lawyer, and they can help you decide how best to procede. You shoul act sooner rather than later. It will look better on your credit, as well as if you have to go to court.Good luck!
Yes you do have a right to take the car back.....many years of watching judge judy. I would check with your local authorities, you can also sell the car. I do agree with making contact and a certified letter is smart. You should try to make some sort of payment of you can as well, you can sue him for whatever you paid for as well. small claims is only up to $5000 so if you go there make sure how much money is left on the car. I probably would just take it back, sell it and sue him for the remaining balance and unpaid payments.
keep a record of all contact made or attempted in a little notebook. that holds up in court too.
GOOD LUCK by the way if you go on judge judy she normally sides with the cosigner, unless you owed your ex something.
I really think that you need to talk to a lawyer. You co-signing the loan may not automatically entitle you to the car, just require you to make the payments. Whose name is the title in? I would contact an attorney, because you don't want your credit ruined or be held legally responsible to pay for a car that you do not have access to.
Good luck
Once you signed the contract, it made you responsible for payment. If you can, contact this guy and explain your situation and ask why he had stopped payment...ask if he still has the car...if not ask what he did with it. Stay calm and find out all you can from him. Take notes while talking to him. Hopefully he'll be decent and help you clear this up...either way, don't procrastinate in taking action.... Your best bet at this point is to call a lawyer to find out what your rights are in your state and what action can be taken. If this guy still has the car, ask about repossing the car as well even if you don't want the car.. If you can get the car, then you can sell it to pay off the loan. Sorry you are in this situation and hope it works out for you.
