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Car Repossessed because Ex Girlfriend. Can I sue?

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ktanner86

Junior Member
STATE OF TEXAS

My ex girlfriend had an auto loan with UFCU, and was able to build her credit well enough to cosign an auto loan for me. Since we were not planning to separate, we put her name on my title as well to keep insurance rates down. A couple months later we did separate and everything was fine with the loans, I was making my payments on time and keeping current insurance on the car. Next thing I know my car is being repossessed. I then found out that she had wrecked her vehicle with no insurance, and defaulted her loan. Since she was on the title of my vehicle they had no choice but to cut there losses by recovering my vehicle. We are now both equally responsible for paying the remaining balance of my car after it was auctioned off. It's been over a year and I've made several attempts to contact her regarding this issue and had no success. She doesn't seem to care at all, I know for a fact she's not dealing with her other car loan either. I've talked with ufcu many times and there's no way there letting me out of this, they just say my ex girlfriend and I need to figure out our own terms on getting this paid off. I really need help with this issue. I know I'm gonna have to be the one to pay it off and I can, but i need advice about taking her to small claims court and my chances of actually winning the case. The total amount due is about $900. How much could I recover, only half? Could I recover all of it? And what about the payments I made on the car before it was repossessed, is any of that recoverable? This is just some of the questions circling in my head. If anybody could help me understand my situation better I would greatly appreciate it. Thanks in advance and I hope this can help someone else too.
 
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OHRoadwarrior

Senior Member
Even if you could go to court and get a judgment, in Texas, you will have a very hard time collecting it. That is assuming she even has assets to collect against. I suggest you pay it off and consider it the outcome of your love connection.
 

Antigone*

Senior Member
Even if you could go to court and get a judgment, in Texas, you will have a very hard time collecting it. That is assuming she even has assets to collect against. I suggest you pay it off and consider it the outcome of your love connection.
Also take this as a life lesson. Never bind yourself legally to anyone other than your spouse.
 

latigo

Senior Member
Also take this as a life lesson. Never bind yourself legally to anyone other than your spouse.
What about those that aren’t interested in marrying bankers?

Personally I've never met one I would care to break bread with, let alone marry.

[SUP]Do you suppose that is why they add the word “union" to credit unions.[/sup]
 

latigo

Senior Member
STATE OF TEXAS . . .
I think you have a legitimate right to demand compensation from this deadbeat.

But to better understand lets look at these two vehicle loans from a different perspective and under different condtions.

First, I’m going to assume that since both vehicle loans were outstanding at the time the woman defaulted on the first loan and she being a principal borrower on both, that the credit union acted properly in calling both loans.

Then, as I see it the only way you could have prevented the lien holder (UFCU) from repossessing its security under the second loan would have been for you to have paid the first, or the loan for her vehicle.

And had you done so - and because it would be the only way to prevent UFCU from repossessing and selling the vehicle purchased for your use - I think you would have claim against her (not in contract because you were not a co-signer) – but in equity under principles of restitution.

Had a stranger paid of the first loan, that person would obviously have no legal or equitable claim for restitution. But you would have done so as necessary to protect a property right in the vehicle purchased for you sole use.

I can foresee all the contrary arguments about both titles being in her sole name, and you having nothing to show an ownership interest, they repossessed her vehicles and not yours, etc.

BUT the circumstances all point to her acknowledgement that you were the sole beneficial owner of the second vehicle. She made no payments, she did not have possession and excercised no control, etc.

So where does this take us? To me it says that you had a legitimate, although undocumented, ownership interest in the second vehicle. That you lost that ownership interest (and potentially more in view of the deficiency) only because she defaulted on a loan that she knew (or can be charged with knowledge) that would result, and in fact did result in the lien holder calling both notes and repossessiing and selling both vehicles.

If the philosophy of the laws in this country have any meaning, that is, to protect individual rights and to provide a remedy for an injustice committed by one upon another. Or quoting from the most eminent jurist, William Blackstone:

"It is a settled and invariable principle in the laws of England *, that every right when with-held must have a remedy, and every injury its proper redress."

Then I think you have a legitimate lawsuit against the deadbeat ex girlfriend. Not only for reimbursement of the mony you are out, but if you are sued by UFCU to have a judgment over against her for any amounts UFCU may be awarded against you.

(The hard part of course, is in the pleading and getting a judge to understand my reasoning, let alone follow it.)


[*] "England"? Most of our laws came over on the Mayflower.
 
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justalayman

Senior Member
STATE OF TEXAS

My ex girlfriend had an auto loan with UFCU, and was able to build her credit well enough to cosign an auto loan for me. Since we were not planning to separate, we put her name on my title as well to keep insurance rates down. .
Just for clarity sake;

cosigner: is that meant to mean a co-borrower (the loan is in both of your names) or a guarantor (loan is in your name, she simply guarantees the loan should the borrower (you) default))
 

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