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Can I sue my ex if I'm forced to pay off the loan of property he ruined

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Proserpina

Senior Member
PA

I cosigned a loan with my ex husband for a car he then totaled while we were together. He was the primary on the loan and kept paying what was owed on the car, as payments were still charged to us while the paperwork from the insurance covering the car to the bank went through. That was more than two years ago, and we have since gotten an annulment based on a great deal of fraud on his part. I've been getting calls from the bank because he never did make the payments. I was under the impression, from him and the bank when they confirmed our insurance paperwork had gone through, that it was paid off before we split so I never tried to work it into the annulment settlement. I had even told my lawyer about it but since I understood it was paid off so he said not to worry about it. Is there any legal recourse I can take to get my name off the loan? If I have to pay it off, can I sue him for the cost and for the cost of hiring a lawyer to get that money back? He's the one who totaled our car. I'm still paying off the one I had to get to replace it. I think it would cost me more to hire a lawyer than to just pay the thing off, but I'm just really furious at the idea that I still have to pay to save myself from his mistakes and want to know if there's any other way or if this is just another hard lesson for me to take away from that whole relationship.

Suing him is one thing. Collecting is another matter entirely; PA allows a wage garnishment only in very limited circumstances.

While a settlement does generally fall into that category, your problem is proving that the debt either was, or should have been, part of that settlement. I don't believe you'll be able to meet that burden.
 

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