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Lucy, Esq.
Lucy, Esq., Attorney
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I have cosigned on a motorcycle loan for my now ex-boyfriend.

Resolved Question:

I have cosigned on a motorcycle loan for my now ex-boyfriend. I have made all the payments prior to him leaving. When he left he took his bike with him, the lender does not have any cosigner release options, unless he refinances and due to his credit he can not. Do I have any legal rights to getting that bike in my position to sell it and get my name off the loan, if so, how do I go about doing this.
Submitted: 11 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 11 months ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Since both of your names are XXXXX XXXXX loan, this is not a crime. That is likely why the attorney will not return your calls.

You have the option of filing a civil suit for partition, asking the judge to order that the bike be sold and that the loan be paid with the proceeds. Then, any remainder would be split between the two of you, since you are joint owners of the bike.

Another option, if you'd rather not have to go to court, is to send him a letter, via certified mail, giving him the option of (1) refinancing the bike with another cosigner, (2) selling the bike and using the money to pay the loan or (3) going to court. It may be worth seeing what a civil litigation attorney would charge you to write that letter for you - it could help you get his attention.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 11 months ago.

Would it also help my case if he owes me an additional $10,000 for funds he borrowed to pay off his truck, his child support payments and his monthly bills while he was unemployed. I really feel like I am dealing with a con-artist and I know for a fact that I was not the only person he did this to.

Expert:  Lucy, Esq. replied 11 months ago.
None of those are really relevant to a partition action for a motorcycle. Basically, if joint owners of property can't agree on who gets it, it is sold and the money divided. He won't have much of a defense, unless he can come in with "Here is the money to buy her out."

If he was supposed to pay you back for those payments you could also sue for that amount, and you can include the truck payments and bills he owes you as a separate cause of action in the same case. However, the judge will only order him to repay you if you explicitly discussed it and he agreed to repay you. The judge won't order him to repay a gift just because you broke up.

Child support goes through the family court. An ordinary civil judge doesn't have jurisdiction to help with that. You could also contact the state and ask them to help you collect.
http://dcss.dhs.georgia.gov/
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 20097
Experience: Lawyer
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