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so in other words, there is no way for me to successfully take her to court so she can just take me off that loan and/or co-sign paper? Or file a law suit against for what she owes if I started making payments?
this is why it is recommended that you consult an attorney. they can give you a plan of attack to either get you off the note, or to pay off the note and repo the car, or what ever else is best.
Hard lesson learned. You are responsible for the payments. You agreed to that in that paper you signed that you didn't bother to read.
Never co-sign for anyone. In case you missed it, Never co-sign for anyone.
If a person needs a co-signer, it means they haven't yet proved themselves credit-worthy or they have already proved they aren't.
As others have suggested, a lawyer is your best bet, but when all is said and done, unless the lawyer can work you out of it, you're still on the hook for the car loan. Either way, you're going to pay - the lawyer or the loan. Sorry.
so in other words, there is no way for me to successfully take her to court so she can just take me off that loan and/or co-sign paper? Or file a law suit against for what she owes if I started making payments?
The courts have no power to remove you as co-signer, that's up to the lender. If the terms of the divorce state that you ex will maintain the payments then you might want to look into a filing a petition for contempt of court.
Get full coverage insurance on the car and gap coverage, make the payments for 6 months then burn the car down to the ground. Problem solved. Dont ask me how I know...
so in other words, there is no way for me to successfully take her to court so she can just take me off that loan and/or co-sign paper? Or file a law suit against for what she owes if I started making payments?
No. The real reason is that you both agreed together to be equal parties to it. The bank is the third party that has an interest in it, and they won't relinquish you from the contract, because they wouldn't give her the contract in the first place.
1. If you can, pay off the vehicle note. At least bring the payments current.
2. Contact your State DMV to file a lien on the title of the vehicle for the amount of money you have paid out.
3. Contact a lawyer for definitive legal advice. None of us knows the laws in your state.
uh, because I was young and did not know better. Sometimes, people learn things the hard way.
Yes, and unfortunately for you, this is one of those times.
Are you a co-owner of the car (i.e. is your name on the title) or did you simply co-sign for the loan? If you are a co-owner, you should have a right of access to the vehicle, and if your ex is withholding your property from you, you should have legal recourse.
But if all you did was co-sign the loan, but are not a registered owner of the vehicle . . . all I can say is consult a lawyer and hope for the best.
Who's name is on the title? If it is yours alone (obviously with the financier's lien) then take back the vehicle, bite the bullet and take over the payments... leave them in the dust, with no vehicle. Depending on your state, court permission may not be required, just show up with a spare key. How much is left on the loan? As a matter of time and money is it really worth going through legal battles if it is titled under your name?
is there anyway I can repo the car if I pay for the car? Or is this worth contacting a lawyer
I don't think so, if the car is titled in her name. Are you on the title as a lienholder or anything? Did yu pay the down payment, maybe?
The reason yu co-sign is that you are telling the lender that you will pay, if they don't. So you're stuck with that.
BUT you can sue them in small claims court to get a judgment against them for the payments you make. It is still your ex's debt.
Is the lender sending yu notices of late payments? Ask them to, so you'll know immediately when they're late or miss a payment, so you can pay before fees start accruing.
I would try to get your name off that loan doc as a co-signer, but I don't know if there's a way to do that. Maybe in the small claims court you can ask for turning over the car to you because of their failure to pay. The car gets turned over to yu, titled in yur name, and it comes with teh amount due and owing on it, which becomes your debt. Then you can sell the car.
I made mistakes during my divorce, too.
Life Lesson #42: Don't co-sign for anything for anyone other than a responsible child who doesn't have credit yet. Anyone else is a bad risk. That's why they can't get a loan without a co-signer.
Is this an ex-wife or ex-gf?
You'd have more legal recourse with an ex-wife based on the divorce decree.
If it's an ex-gf ... well, good luck.
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