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I have a question that I hope you can help me on

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Currently in Illinois but this happened in Michigan

Lawyer's Assistant: Has anything been filed or reported?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This is for my wife. My wife at the time was dating someone else that got a car out in both their names, payments were defaulted and car was taken. Now my wife is being held accountable for this.

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Answered in 5 minutes by:
3/2/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,465
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 4 months ago
My wife was dating someone 6 years ago and they got a car together. In both their names. Car payments were defaulted and the vehicle was taken away. Now she received a Judgment against her.

I see what you mean. I'm sorry to hear about that. What questions did you have for me regarding this?

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Customer reply replied 4 months ago
Need to know if we have a case before I dish out anymore money to something that I'll end up paying for a vehicle that we don't even have.

I see. So, did your wife have an agreement with the ex that he would make payments? Also, do you know when payments were no longer being made?

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Customer reply replied 4 months ago
trying to find out, please hold

Ok.

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Customer reply replied 4 months ago
I am so sorry for the delay, in 2013 don't have an exact month or date but that's when the vehicle was taken away

I see what you mean. Thanks for that. Ok, one last question: did the boyfriend agree that he would make payments?

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It's important because that will determine her rights and recourse.

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Customer reply replied 4 months ago
it was around May or June of 2013 that this happened and it was not a boyfriend but a girlfriend just to clarify any misunderstandings

I'm sorry. Thank you for clarifying. So, if the co-owner agreed with your wife that they would make the payments, but didn't, then it's a breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started.

If the co-owner didn't agree to make payments, then the breach of contract action won't work. The only thing that your wife would be able to do would be to either a) refinance the vehicle; b) continue to make payments; or c) pay the difference between the auction amount and the amount left owed on the vehicle.

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Customer reply replied 4 months ago
The co-owner only agreed to make payments verbally, nothing was documented but she breached the verbal agreement between my wife and making the payments

I see. So, oral agreements are enforceable so I would probably recommend t your wife to look at that website and possibly take action in court if the co-owner doesn't comply.

Did you have any other questions for me today?

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Customer reply replied 4 months ago
if the co owner did not comply and my wife goes through this website is she still liable for this vehicle? And does the co owner get off scott free of any repercussions?

Unfortunately, she'll still be liable, but her recourse would be to go through the co-owner to get the 50% of the $ that she was owed originally. The co-owner will likely suffer the credit hit as well and the bank will still demand money from the co-owner too so they won't get off scott-free, but at least your wife can recover whatever money above the half that she was supposed to be owed from the ex.

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Customer reply replied 4 months ago
Thank you for your time

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Legal Eagle
Legal Eagle, Lawyer
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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