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Old 05-19-2005, 11:36 AM
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Join Date: May 2005
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How to file suit against co-signer for debt collection?


What is the name of your state? Virginia

Looking for some legal advice here without having to hire a lawyer.

Some history:

I have been divorced for about two years and have financially separated myself from her on everything except a car that we jointly signed on. I'm the primary and she is co-signed. She is in the military and transferred to a Navy ship in Guam at roughly the same time. According to our divorcee decree, she has taken receipt of the vehicle and is completely liable(as far as between the two of us). For the past year, she has been consistently late on making the payments, if at all. I was able to grant her a two month deferment at one point. Ford Credit was calling me on a daily basis! Anyway, the car has since been voluntarily repossessed (by her). Luckily, it sold fairly well at an auction and the remaining balance is about $700.

Well, now she refuses to pay this as well. Now, a collection agency representing Ford Credit is hounding me. I'm at the point where I want to file suit against her. I figured once I file that I can sent her the papers via certified mail (receipt).

The questions I have are:

Can I even sue her for the amount, even though I'm not paying it prior to the case (I'm not taking any form of admittance to the loan)? Essentially this is destroying my credit though and need it taken care of. Else should I pay this amount, then go after her?

Can I include time from work (lost wages), court fees, etc. in my amount? Can I even include fees associated with having to return to court for garnishment of wages? I suspect it will have to come to that (non-compliance).

Any other advice would be most appreciated. Thanks in advance!
  #2  
Old 05-19-2005, 11:43 AM
seniorjudge
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Quote:
Originally Posted by Numero Uno
What is the name of your state? Virginia

Looking for some legal advice here without having to hire a lawyer.

Some history:

I have been divorced for about two years and have financially separated myself from her on everything except a car that we jointly signed on. I'm the primary and she is co-signed. She is in the military and transferred to a Navy ship in Guam at roughly the same time. According to our divorcee decree, she has taken receipt of the vehicle and is completely liable(as far as between the two of us). For the past year, she has been consistently late on making the payments, if at all. I was able to grant her a two month deferment at one point. Ford Credit was calling me on a daily basis! Anyway, the car has since been voluntarily repossessed (by her). Luckily, it sold fairly well at an auction and the remaining balance is about $700.

Well, now she refuses to pay this as well. Now, a collection agency representing Ford Credit is hounding me. I'm at the point where I want to file suit against her. I figured once I file that I can sent her the papers via certified mail (receipt).

The questions I have are:

Can I even sue her for the amount, even though I'm not paying it prior to the case (I'm not taking any form of admittance to the loan)? Essentially this is destroying my credit though and need it taken care of. Else should I pay this amount, then go after her?

Can I include time from work (lost wages), court fees, etc. in my amount? Can I even include fees associated with having to return to court for garnishment of wages? I suspect it will have to come to that (non-compliance).

Any other advice would be most appreciated. Thanks in advance!

You are liable for the loan as is she.

The creditor was not a party to your lawsuit.

Pay the bill, then take her back to court for contempt on not following the judgment.
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