Texan915

I co-signed on a vehicle for my ex and he let it get repossessed

27 posts in this topic

I had co-signed on a vehicle for my boyfriend (at that time).  The vehicle was solely purchased for him, I never drove it or had a spare key to it.  At the time of purchase, the car salesman insisted that I would just simply be able to take my name off the loan after 8 months.  So after 8 months, I went back to the bank and asked them to remove my name.  They then advised me that they couldn't do that without him refinancing the vehicle in his own name.  I begged him several times to refinance it on his own.  On a side note: I don't know why, but the bank put my name as the primary account holder and him as the secondary.  He had a job when I co-signed for him, he was in the Army.  However, a few months later he got out of the military, moved 13 hours away from me (to Houston, TX and I'm in El Paso, TX), and took the vehicle with him.  I continued asking him to have it refinanced in his own name, but he just wouldn't do it.  Well, a few months after he moved, he dumped me, changed his phone number, and quit paying for the vehicle without telling me anything.  Eventually I started receiving letters from the bank, which was the only way I'd ever find out any info regarding the situation with the vehicle.  Well, the vehicle eventually got reposessed, auctioned off, and had a balance of about $6,000 left to pay--on which he made arrangements to pay $100 a month.  Well he still didn't even pay that.  Now we're both being sued by the bank next week.  I'm already engaged to someone else now, and I'm worried about this effecting my future marriage since it hit my credit score so hard, and saving up for my wedding will be difficult if I'm stuck paying the bill for my irresponsible ex.  Is there any way I can get myself out of this?

Share this post


Link to post
Share on other sites

In future, I'd avoid using such small font for post.  Lots of extraneous detail there given the topic, however.

 

Bottom line is you're a co-borrower, correct?

"... the car salesman insisted that I would just simply be able to take my name off the loan after 8 months."

I've no idea why you believed someone who is a ... salesman (and has reason to tell you something that's wrong, or at any rate not care whether he's right).  The contract and loan documents spell out X and if you didn't understand it, you should have told bank/seller to hold off and take the stuff with you for review by an attorney.

 

Naturally, boyfriend isn't obligated to refinance (and if he could finance that amount in his own name in the first place, why would you be needed as a co-signer?).

 

"... but the bank put my name as the primary account holder and him as the secondary."

Not precisely clear what you mean by "account holder" other than "borrower".

 

At any rate, again, this is extraneous info.  Either you're a co-borrower or you aren't.  If you are, it is what it is.


Naturally, your credit is probably trashed because you didn't keep on top of whether payments were being made (and if they weren't, paying them).

 

"I'm worried about this effecting my future marriage  ..."

Have no idea what you're getting at here.

 

"Is there any way I can get myself out of this?"

Unlike another poster, I don't see bankruptcy as any option.  (There are qualifications, and I doubt you'd qualify over this debt.)

You can pay off the loan and then you sue the ex-boyfriend to reimburse you, since one presumes the deal was that he'd make the payments.  Or you can continue to ignore it and see whether bank sues you, or just wait for credit score to cover (years down road).

 

Share this post


Link to post
Share on other sites

Unlike another poster, I don't see bankruptcy as any option.  (There are qualifications, and I doubt you'd qualify over this debt.)

 

I have no idea what "qualifications" you are refering to.  Even if this was her only debt, she could file bankruptcy.   Whether it would be a good idea to file, is another question, that has nothing to do with "qualifications".

Share this post


Link to post
Share on other sites

In future, I'd avoid using such small font for post.  Lots of extraneous detail there given the topic, however.[/size]

 

Bottom line is you're a co-borrower, correct?

"... the car salesman insisted that I would just simply be able to take my name off the loan after 8 months."

I've no idea why you believed someone who is a ... salesman (and has reason to tell you something that's wrong, or at any rate not care whether he's right).  The contract and loan documents spell out X and if you didn't understand it, you should have told bank/seller to hold off and take the stuff with you for review by an attorney.[/size]

 

Naturally, boyfriend isn't obligated to refinance (and if he could finance that amount in his own name in the first place, why would you be needed as a co-signer?).[/size]

 

"... but the bank put my name as the primary account holder and him as the secondary."

Not precisely clear what you mean by "account holder" other than "borrower".[/size]

 

At any rate, again, this is extraneous info.  Either you're a co-borrower or you aren't.  If you are, it is what it is.[/size]

Naturally, your credit is probably trashed because you didn't keep on top of whether payments were being made (and if they weren't, paying them).[/size]

 

"I'm worried about this effecting my future marriage  ..."

Have no idea what you're getting at here.[/size]

 

"Is there any way I can get myself out of this?"

Unlike another poster, I don't see bankruptcy as any option.  (There are qualifications, and I doubt you'd qualify over this debt.)

You can pay off the loan and then you sue the ex-boyfriend to reimburse you, since one presumes the deal was that he'd make the payments.  Or you can continue to ignore it and see whether bank sues you, or just wait for credit score to cover (years down road).[/size]

[/size]

Fallen, if you can't figure out what I'm trying to ask, then please do not attempt to answer. Over-analyzing specific words choices (such as account holder vs. borrower) is only petty and condescending. The vehicle was purchased solely for him with the agreement that he would be paying for it. How did I not keep on top of whether or not the bill was being paid? I was aware that he wasn't paying it, but I don't make enough money to be paying off a car loan for my ex. We had agreed that he was going to be paying it, not me.

Share this post


Link to post
Share on other sites

I'm not clear where you'd get the idea that I didn't know what you were asking (though I may have questioned why you were asking).  I didn't see any "over-analy[sis]" of word choices. 

 

I understand it was the agreement that he make the payments, hence mentioning the fact that you'd be in a position to sue him for any payments you'd make vs. let your credit continue to be shot.  If you couldn't afford to make the payments, then it doesn't make sense to agree to co-sign for a loan.  (There are presumably reasons he couldn't qualify for a loan on his own, and if his income level were the only factor, then that's yet another reason to tell someone that you won't co-sign for something the primary borrower cannot afford.  This is true whether you're boyfriend-girlfriend or whether your mom is asking.  If you cannot afford to lose the money in question, you do not loan it (or co-sign for it).)

 

Doucar, unless bankruptcy laws have changed radically (and I presume you weren't referring to a reorganization of the debt but a wipe-out), my recollection is that one isn't free to declare bankruptcy "just 'cause":  there is a means test and the poster mentions a $6k debt.  Unless she's making only $15k-20k a year, because I sense concern about her credit rating (whether properly related to a future marriage or no), I sure as hell wouldn't declare bankruptcy over $6k.  If poster is worried about her credit rating now, just wait until post bankruptcy on top of however long she's let the delinquent monthly reports pile up.

Share this post


Link to post
Share on other sites

We had agreed that he was going to be paying it, not me.

 

 

 

The lender is not bound by that agreement. According to the loan contract you are both equally responsible for the loan regardless of the agreement between the two of you.

 

A lawsuit against you both will result in a judgment against you both.

 

The lender will go after both of you for the money but is likely to concentrate on the one who is more vulnerable to collection efforts.

 

Fortunately, Texas prohibits wage garnishment (it's in the Texas Constitution) so your income is safe. However, your bank accounts aren't safe and are subject to levy so I suggest you start getting your money out of banks and put a stop to any direct deposits.

 

So, the answer to your original question is no, you can't get out from under this unscathed. There will be unpleasant consequences no matter what you do.

Share this post


Link to post
Share on other sites

UPDATE:  Well, I had court yesterday, regarding the subject of this post.  The debt has been placed solely on my ex, and I am off the hook!  Now I owe nothing to the lender and any future attempts to collect the debt will be against him only.  Thanks for all the replies!


patty23 likes this

Share this post


Link to post
Share on other sites

Congratulations!! I was going to suggest a cross-claim against the ex-. But the Court saw the intent of the purchase and placed the responsibility on the ex- since he's the one with the vehiicle.

Share this post


Link to post
Share on other sites
  • Texan 915 I have a very similar situation 

and I have a court date soon. I never used the car and didnt know about the reposession until I got the papers from coury. Did your ex showed up in court? 

 

Share this post


Link to post
Share on other sites

I'm having the same thing that Texan915 is having.

 

I recieved a summons on Aug 1, 2014 on firday in memphis Tn on a car I co-sign with my X back in January of 2012. Credit Acceptance told both of us that I can refinance in 6 months if there no payments missed or late. There was no payments late or missed and my X had it refinence and I was told that that my name was removed. On monday I start making phone calls and Credit Acceptance told me that my name was never removed and that the car was refinence in June of 2012. I asked the agent why are you all are trying to collect from me. Credit Acceptance said that I was never removed, I told her that don't make any sence.

The agent told me that she see where the refinance charge was revised in January of 2014..The agent provided me with the towing company phone number. I called the towing company and I was told the car was sold on March 28th of 2014. And the person that can talk to me about is on vocation and will be back next week.

I called Credit Acceptance back and requested every document they have on this matter and contacted the law fram that is handling Credit Acceptance case and asked them for the same documents. I asked the law fram if I'm responsible can I do a payment arrangment. They told me I can but I have to pay for court cost, I asked why is that because my court date is in November 10th of 2014. I asked them to please mail all documents on this matter. I called the Mississippi DMV and Tenessee DMV and they told me that there was no record of the car. So I start calling the court house and find out she been arrested twice for no lience and insurance and expired tags in Dece of 2012 and in Aug of 2013. That when the accident taken place in Aug of 2013 and the car was towed in Nove.

 

The problem I'm having that there is record of the refinance in June of 2012 and for some reason there was a revise for refinance in January of 2014. And she don't start missing her payment until Aug of 2013 around the time of accident. I do understand I did co-sign for the car, but it was refinance in June of 2012. The car was sold and I wan't know the amount until next week when I call Auto Rescue back.

 

If there anyone out there can help me with this, I will be very greatful.

Share this post


Link to post
Share on other sites

First of all, you can forget anything you were "told." If you didn't get it in writing it doesn't exist.

 

Now answer some questions.

 

I - How much money are you being sued for?

 

2 - Small claims or regular civil court?

 

3 - Does the summons tell you that you have to file an answer by such and such a date? If yes, what date?

 

Meantime, I suggest you consult an attorney. Handling a lawsuit is not a DIY project.

Share this post


Link to post
Share on other sites

The amount they are asking for is 8,690.94 and  it's General Sessions. My court date is in Nove. Can I sue other party for finanal responsiblity for breaking agreement and for not having insurance on the car?

I request copy of title to see if my name is on it. And back in June of 2012 there stating that I redid the loan for the car. I been there twice thats when we did the papers in Juanuary of 2012 and the 2 days later we picked up the car because they put the gps in.

The thing that is bugging me if there was a gps in the car why the car was never turned off.when she missed Aug payment before the accident on the 31st and the note is due on the 19th..Something isn't right..and they didn't get the car until Nove. They say that the car wasn't there at her home in Oct or Nove. But they picked the car up in Nove, so the car wasn't titled as they say and she was driving it. I going to call the towing company next week to get something showing they sold the car.

 

I requested copy of documents because they have my name wrong and I'm hope somewhere on the documents that they have my SS# wrong. I know what you are thinking but I can wish.

Share this post


Link to post
Share on other sites

Doucar, unless bankruptcy laws have changed radically (and I presume you weren't referring to a reorganization of the debt but a wipe-out), my recollection is that one isn't free to declare bankruptcy "just 'cause":  there is a means test and the poster mentions a $6k debt. 

 

Certainly a person may file a bankruptcy petition “just cause” if they wanted to do so. Nothing stops someone from doing that. The “means test” to which you refer does not prevent filing bankruptcy if the debtor fails the test. All it does is prevent the debtor from doing a Chapter 7 bankruptcy and instead pushes them into a Chapter 13. Note that a Chapter 13 also wipes out any remaining debt at the end of the plan. 

 

 

Unless she's making only $15k-20k a year, because I sense concern about her credit rating (whether properly related to a future marriage or no), I sure as hell wouldn't declare bankruptcy over $6k.  If poster is worried about her credit rating now, just wait until post bankruptcy on top of however long she's let the delinquent monthly reports pile up.

 

But that goes to whether the bankruptcy might be a good idea, which as doucar noted, is a separate issue from whether the debtor may file the bankruptcy. Adjusterjack was correct when he said bankruptcy was an option; whether it is a good option depends on all the facts of the debtor’s situation. 

Share this post


Link to post
Share on other sites

So what, it has nothing to do with me if she file 13, she can file. I'm just going to sue her but for court cost and what she don't pay on the car. She may get out of paying them but not me.

I'm not going to file, but when it's all over she going to pay in the long run. And besides I don't think she's getting out of it because she in trouble with the state of Mississippi for lience,tag and no insurance and DUI. And Tenneessee for no lienice, tag insurance and drug charges for both states and car isn't redistrited and she had the car.

They just trying to make me pay for what wasn't paid on the car, I'm preying that I come out like texan 915 did when it happen to her. Because everything is pointing to my sorry X.

Share this post


Link to post
Share on other sites

This response is NOT intended to create an attorney-client

relationship.

 

If a bankruptcy would be filed, someone with a claim against

that bankruptcy filer is stayed from pursuing claims against

the bankruptcy filer without getting relief from the stay from

the Bankruptcy Court in advance.

 

A creditor may not be able to collect (at least during the Chap. 13

administration) against a co-signer if a Chap 13 would be filed. 

 

Anyone who would challenge a Bankruptcy Court Judge's

enormous contempt powers should probably get used to 

eating peanut butter and jelly sandwiches. 

Share this post


Link to post
Share on other sites

unless bankruptcy laws have changed radically (and I presume you weren't referring to a reorganization of the tax debt but a wipe-out), my recollection is that one isn't free to declare bankruptcy "just 'cause":  there is a means test and the poster mentions a $6k debt.  Unless she's making only $15k-20k a year, because I sense concern about her credit rating (whether properly related to a future marriage or no), I sure as hell wouldn't declare bankruptcy over $6k.  If poster is worried about her credit rating now, just wait until post bankruptcy on top of however long she's let the delinquent monthly reports pile up. Fortunately, Texas prohibits wage garnishment (it's in the Texas Constitution) so your income is safe. However, your bank accounts aren't safe and are subject to levy so I suggest you start getting your money out of banks and put a stop to any direct deposits.

Share this post


Link to post
Share on other sites

Relax I'm not going to file 13 or anything but something tells me that she may try. And I don't have no bank acct's, I believe in third party banks and the state or gov can't touch them. I been sued before and it was my mistake.

 

If she do file then thats another thing. I just hope the court make her responsible for wrecking the car because she was paying the note and driving it and she did had insurance on it. And she been in trouble twice with Tn and Ms for lience and tag they was both expired in Dece of 2012 and Aug 2013. The car was in her care, I hope the court point her to pay them and not me.

Share this post


Link to post
Share on other sites

Dee0335, the discussion in this thread regarding bankruptcy has nothing to do with your situation.  It is in regards to the original poster's (Texan915) situation.  

 

The reason that you are not receiving much feedback in this thread is because your posts are difficult to read and so poorly written that it's nearly impossible to discern what it is that you are trying to communicate.  

Share this post


Link to post
Share on other sites

 

UPDATE:  Well, I had court yesterday, regarding the subject of this post.  The debt has been placed solely on my ex, and I am off the hook!  Now I owe nothing to the lender and any future attempts to collect the debt will be against him only.  Thanks for all the replies!

 

 

My now wife is in exactly the same situation as you were. And as easy as it is to say she should have just kept up with it is very difficult in a relationship that has ended and the two parties are evasive. She has a collector calling about an $11K debt that she now has and had no idea was up for repossession. I would love to get in contact with you concerning the details of how you went to court for this. This would be a Georgia case, but she wants to know what to do to get started and how it may have been presented to get the positive judgement for you.  

Share this post


Link to post
Share on other sites

HI AnarchyMarine,

 

Posting personal information, like your email address, is prohibited per the Community Guidelines. That being said, you're more likely to get new responses if you post a new question (as your own). Feel free to re-post a general question for the Answers community when you get a chance!

 

The FindLaw.com Team

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now