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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 23940
Experience:  9+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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My daughter cosigned on a car loan man and he refuses to

Customer Question

my daughter cosigned on a car loan for a young man and he refuses to make the payments. He has left town with the car
Submitted: 12 months ago.
Category: Legal
Expert:  LegalKnowledge replied 12 months ago.

Good morning. I certainly understand the situation and your concern. Who is on title to the car? You shared that he left town with the car but curious to know if it is in her name or solely his? Also, I take it that she did this since they are engaged?

Customer: replied 12 months ago.
it is in "or" and yes , he was engaged to her daughter when my daughter cosigned
Customer: replied 12 months ago.
My daughter took him in like a son
Expert:  LegalKnowledge replied 12 months ago.

Thank you for the additional information. If title is in both of their names, she has just as much of a legal right and interest in the car, as he does. If she co-signed, the lender does expect her to pay, since she is liable and if she does not, nor he, then they will look to repossess the vehicle and this would have a negative effect on her credit. If she makes the payments for him, then she would need to sue him to recover what she has paid, to protect her own interest. Unless you are on the loan, you have no legal obligation to pay either. Now, if he left town and she does not know where he is, she can not retrieve the court but if she wants to sue him and get it back, she can, essentially asking the Judge to order that the car be sold and they both have to pay any balance owed, since he is not making the agreed payments and she can not afford to or wants to, since they are no longer together.

Customer: replied 12 months ago.
I did not say my daughter was engaged to him--I said HER daughter(my granddaughter) was engaged to him. They do have an idea where he is. How do we get a judge to acknowledge this? Where do we go from here to get help? She can barely make her own payments let alone make his payments. Isn't there any protection for her?
Expert:  LegalKnowledge replied 12 months ago.

Thank you for the clarification. She would need to sue him. For this to happen, she would need to be making payment on his behalf, to prevent her credit from being ruined. Moreover, if she wants the car back, she needs to ask that the Judge order a forced sale of it, if he is failing to pay and she can not make the payments. It is not an easy matter and if she needs legal help, she needs to contact her local legal aid office to represent her. Money is an issue and if they take the case, it will be for free. Unless she is able to peacefully take the car and sell it, the court needs to step in and help.

Expert:  LegalKnowledge replied 12 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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