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DamienJD
DamienJD, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6371
Experience:  Attorney. Well versed, understanding, friendly
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I co signed a car for my x fiance and he is not paying but

Customer Question

I co signed a car for my x fiance and he is not paying but still has the car. What can I do?
JA: What state is this in? And how old is the car?
Customer: NORTH CAROLINA and 2012 ford pick up
JA: Has anything been filed or reported?
Customer: No just 30 days late
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am actually the primary and he's the co signer on paper. The dealer did it that way and I didn't realize it until the loan people told me. He is continually late and it's messing my credit up.
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  DamienJD replied 11 months ago.

Hello: My name is ***** ***** I am an attorney. Is your name on the title of the car?

Customer: replied 11 months ago.
Expert:  DamienJD replied 11 months ago.

Okay. Hold, please. I am doing research for you.

Expert:  DamienJD replied 11 months ago.

Okay. If you both own the car, you both can technically use it. However, you cannot repossess it because you already own it! If though, you are the sole owner, it is your car and you can repossess it. But if joint owners, then both of you can use it. You cannot sell it without the consent of the other person if you own it jointly. However, you do have a right to sue the other person for a money judgment and then attempt to collect on it. In hindsight, you would have wanted a written agreement outlining the details of use and options to sell. In sum, you can use it equally if both names are ***** ***** title, or repossess or sale it if your name is ***** ***** the title, and you can sue for a money judgment.

Does that answer your question? If not, let me know so I can continue to help you. If you have further questions, just let me know too. I know it may not be quite what you want to hear but it is better to know what is expected.

Customer: replied 11 months ago.
Can he refinance the mv? And if I take out a money judgement could I petition the court to make him do that
Expert:  DamienJD replied 11 months ago.

Hi: If both of your names are ***** ***** title of the mv and the loan, most likely the lender will require both of your names on any re-financing since you own part of it. He could refinance and pay you what you are owed and then you can give your share of the title. That could be an option. If you get a money judgment, then you can attach any bank accounts or garnish his wages.

Do you need further assistance? If so, I am happy to continue to assist you.

Expert:  DamienJD replied 11 months ago.

Hello again: Do you have further questions? I know this is not the exact answer you would have hoped to have heard but it is better for you to know what is expected in this situation. If you are satisfied with the services I provided to you, please provide a positive rating between 3 and 5 stars at no additional charge to you so I can get paid for helping you. Again, if you have a follow-up question, just let me know. Best regards.