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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33708
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I cosigned for a car with a friend of mine. He never made

Customer Question

I cosigned for a car with a friend of mine. He never made any payments and he treated the car like crap. I couldn't pay for it myself so I gave it to a friend and now he's threatening to report the car stolen and take me to court over it. I was told that I was the main person on the loan. Can you do that?
JA: What state is this in? And how old is the car? Have you talked to a lawyer yet?
Customer: In Texas and we got the car in March. I haven't spoken with a lawyer yet because he just threatened me this morning. I tried having him meet me yesterday to get it out of my name and refinance in his name but he said no because he was stuck in Louisiana. The car payment was due yesterday so I had a friend pay on it and take it.
JA: Anything else you think the lawyer should know?
Customer: I've made every single payment on the card through my own bank with my own money, except for this last one.
Submitted: 3 months ago.
Category: Legal
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Are you on the title to the car?

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And friend was the one supposed to make all the payments, correct?

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Did he have the car while you were making payments?

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thanks

Barrister

Customer: replied 3 months ago.
Kia Motors Finance is the title holder. According to the gentleman that sold us the vehicle, my name is ***** ***** loan holder. He was the one that as supplied to make the payment, but as I can prove, all payments except this last payment made yesterday have been paid with my account. He hasn't paid for the car at all. And yes he was supposed to pay while he was still driving it.
Customer: replied 3 months ago.
I'm sorry, my friend was the one that was supposed to pay for he car.
Expert:  Barrister replied 3 months ago.

Ok, if you are both listed on the registration, then you are both legal owners and he can't report it stolen if you retook possession and let someone else use it. An owner can lend out their car if they choose to do so.

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And if he is in breach of your contract, you can sue him for all the money that he was supposed to pay if you were just supposed to be a co signer and friend was supposed to be making all the payments.

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thanks

Barrister