Civil Suit On Car....

[ham12]

What is the name of your state (only U.S. law)? South Carolina

I co-signed on a vehicle on 3/26/13 with my fiance (at the time). The vehicle was for me but I needed help because I had just graduated college and needed some help getting a car. When we broke up in May, he demanded the car and took it from me. He said he was going to get it refinanced and my name would no longer be attached to the vehicle or the auto loan. He still has not refinanced the car. I have reached out to him and he told me on 10/18 that he would refinance the car and make the account current since he has been late on payments. As of today, he still has not done this. On 10/29 I contacted him again and he claimed he was "at the bank now. I will have everything worked out before I leave here today". I asked him where I needed to meet him at to sign documents signing the car over to him an no response. He has not only left me without a car/transportation to and from work but is also messing with my credit and my ability to get my own car or to follow through with getting a house. What would be the proper way to handle this? Would a civil suit do this justice to get this car off of my credit and my name off of the car?

 

[swalsh411]

I'm afraid it's bad news for you all around.

Your credit has been damaged because you haven't been making payments on the loan as you agreed to do. Both you and your ex-finance are responsible for paying the loan on time, regardless of who has possession of the car. The car is just collateral on the loan. If neither pays then both of you will have damaged credit. Hopefully this is obvious to you now.

Whose name is on the title of the car? If only yours, then why have you not reported this theft to the police?

A civil suit is not going to remove you from the loan as the lender is not a party to the lawsuit.

It's highly unlikely any lender is going to allow him to refi in his name only seeing as how the loan hasn't been paid on time.

As I see it your options are:

1. Report the theft to the police if you are the only name on the title/registration.

2. Bring the loan current (and continue making payments, regardless of who has the car) to stop the damage to your credit card.

3. Wait until the car gets repo'd and then you and him will both be sued (depending on who has deeper pockets). Then your wages can be garnished.

 

[ham12]

Thank you. When we both signed the paperwork the listed me as secondary and him as primary. I have not driven nor seen my car since May 13th when he took it.

 

[Zigner]

I have not driven nor seen OUR car since May 13th when he took it.

I fixed it for you.

It's just as much his car as it is yours...

Ok, let me step back a bit. Are you even ON the title to the car? Or are you simply a guarantor for the loan?

 

[ham12]

I am on the loan. His name is listed first, my is secondary.

 

[Zigner]

I am on the loan. His name is listed first, my is secondary.

Yes, you established that in your earlier post.

My question relates to the TITLE of the vehicle. Are you listed on the TITLE?

 

[Ohiogal]

I am on the loan. His name is listed first, my is secondary.

Well if you are not on the title, you have NO claim to the car. You are just responsible for the loan.

 

[ham12]

Yes it is.

 

[Ohiogal]

Yes it is.

So you are on the loan and title. He is on the title as well? If so, then he has at the very least EQUAL claim to the car as you have. But you are still responsible for paying on the loan. HE is not the one messing with your credit. YOU are the one allowing your credit to be harmed by not paying as you agreed to pay on the loan.

 

[Zigner]

Yes it is.

Ok then - it's just as much his car as it is yours. You are both equally responsible for paying.


ETA: Yeah, what she said!