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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37588
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I cosigned for a car in Las Vegas NV. The primary owner has

Resolved Question:

I cosigned for a car in Las Vegas NV. The primary owner has not paid a single penny to the payments/ registration/ insurance of this vehicle. On the title our names our listed as His name OR My name. Not 'AND' as the owners. According to the dealership where we purchased this vehicle from, they said either of us could surrender and sell the vehicle since it's an 'OR' title. When I went to execute the acquisition of the car, the local police were called by the owner. The officer said that because the other guy was listed as primary owner (although having paid nothing) I could be sued for loss of use if he wanted to. Is this true and would it hold up in court providing I have made every payment listed above and all he has put in it is gas?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

The dealership is correct, an "OR" title grants exactly the same right to either of the parties listed on title. Either party can choose to surrender the vehicle without the other party claiming that their property rights were somehow violated. The officer is not correct, on title it does not matter who is listed as primary and who is listed as secondary, the rights of both owners are exactly the same. Yes, the owner could sue (in civil court as this is not a criminal matter), but a police officer is not an attorney, he cannot give you legal advice. Plus, being sued does not mean that he will actually prevail, it simply gives him such an option.

Good luck.

Customer: replied 1 year ago.

What is the likelihood he would prevail in such a suit provided I have the proof that he paid nothing and said he would pay everything; and what are possible damages he could win?

Expert:  Dimitry K., Esq. replied 1 year ago.

Wayne,

Thank you for your follow-up. The fact that you paid for everything happens to be irrelevant since both parties have the exact same right and obligation to make payments or maintain the vehicle. You can use that to show that you were more responsible for the vehicle, but it does not, in the eyes of the courts, grant you some larger or stronger right over the vehicle. The likelihood that he will prevail is very small unless he can show that this vehicle was solely utilized and set out for his personal use, and you yourself never utilized it yourself. Then that may create an obligation of sort and strengthen his claim. What he could sue for is half of the value of the vehicle and any and all direct and foreseeable costs and damages from the loss of the car. For example if he had to get a rental car or use public transport, those costs would be direct and foreseeably stemming from the loss of vehicle. But again, this is highly unlikely.

Good luck.

Customer: replied 1 year ago.

unless he can show that this vehicle was solely utilized andset out for his personal use, and you yourself never utilized it yourself. Then that may create an obligation of sort and strengthen his claim. -- It actually was for his use and i have driven it only once. I only co-signed because he didnt qualify on his own. What would he need to prove that and would he have to prove it? Would this be done in small claims or is there another court without the max like civil court?

Expert:  Dimitry K., Esq. replied 1 year ago.

Wayne,

He would need to bring receipts that he was the sole user (such as gas and maintenance receipts). This can be pursued by him in small claims or in a higher court if he would be seeking attorney fees, for example.

Good luck.

Customer: replied 1 year ago.

he wont have receipts and maintenance would likely be paid by me since he has no money. He is a schemer and probably has the text message thread from me that says the car is his responsibility (even though i've paid everything which you already addressed)


 


I'm presuming that text thread would be the evidence needed?

Expert:  Dimitry K., Esq. replied 1 year ago.

Wayne,

Texts are admissible also, but simply stating that something his 'responsibility' but there is no evidence that it took place is not enough, courts would need to see direct examples of use and maintenance.

Good luck.

Customer: replied 1 year ago.

Not exactly what I wanted to hear but Thank you for the info. After I rate your information, will I get the opportunity to have this thread emailed to me?

Expert:  Dimitry K., Esq. replied 1 year ago.

Wayne,

You are most welcome. I am sorry that the information is not quite as you hoped but I also hope that the information will prove useful. Once you rate, the thread should be emailed to you. If you have issues or problems, please follow up with me and I will ask the moderators to further assist you.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37588
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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