auto repossession

[steak]

What is the name of your state? new jersey

me and my wife bought a car,both of are names where on the contract but me as a co-signer.
the monthly bill,the regerstration and insurence had just her name on it
to make a long story short,she left and took the car and did not make any payment the bank said it was my responsibility to pay the loan.i called the police to try and get the car back but they could not do anything because the car was in her name.so the car got repoed.
we are devorced now and the bank has garnished my wages.
$10,000 is owed on the loan.i have paid $2,000 of that so far.

now my question is can i sue her in court for half of the $10,000?
thank you

 

[TigerD]

You can sue her for all of it.

DC

 

[Osce0l]

So you are the co-signer? Meaning she is the primary name listed on the contract? If she is working, I don't see how they can only hold you solely responsible for that car (especially considering she took the car with her). If she is the primary name listed on that contract, all legal matters should first go through her first I would think...

But, as DC said, you should be able to get every penny of that money from her once the matter is resolved. It is her car, in her name (primary anyway), and she took it with her, trying to stick you paying for a car that is in her possession.

 

[racer72]

If she is working, I don't see how they can only hold you solely responsible for that car (especially considering she took the car with her). If she is the primary name listed on that contract, all legal matters should first go through her first I would think...

You obviously don't know a thing about contractual law. Perhaps you should not respond to things you know nothing about. A co-signer is just a liable for a contractual debt as the primary. All DC said is the OP can sue for the full amount, he did not say a thing about his chances of winning which are somewhere between 0 and 100%.

 

[Osce0l]

You obviously don't know a thing about contractual law. Perhaps you should not respond to things you know nothing about. A co-signer is just a liable for a contractual debt as the primary. All DC said is the OP can sue for the full amount, he did not say a thing about his chances of winning which are somewhere between 0 and 100%.

Which is why I said "I would think"...You're right, DC never said anything about winning, but, IMO, he would have a good case.

I realize the co-signer is just as responsible - both names are on the contract, therefore both parties are responsible for seeing that the payments are made. The primary (as has been my past experience and what I have been told through financial institutions) is supposed to be the first person contacted when an issue comes up...Was she ever contacted about the debt? I just don't see how they could completely bypass the primary signer and go straight for the co-signer...

 

[TigerD]

I didn't comment on winning because I broke my crystal ball trying to next season's episodes of Jericho.

 

[steak]

thanks for all the info,
im sure they did try to go after her but she is a waitress and only makes $2.00 an hour on the books,all her money comes from tips.