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He has the car

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LaurelJ

Junior Member
What is the name of your state? Utah

My Ex and I purchased a 1999 mercury Cougar together in Early June of 2004, Dumb I know. Reason being was his credit was mixed up with his father of the same name. So I signed the papers for him. Since I already had my car, and it was almost paid off I figured why not? But soon after that.. We split up. At first he was making the payments and taking care of everything, until he realized that we were not getting back together when I met someone else. He then tried to kill himself, and stopped making all payments, got into an accident and filed the claim on my Parents insurance. Which is when I found out he never had insurance on it. I have been getting calls from the bank stating that we are 3 months behind on the payments, and unless paid immediately, further legal action will be taken. (REPO) I don't know what to do. He has turned off his cell phone, and moved out of his parents house. The only way I have to get a hold of him is at his work, Which when I call they swear at me and hang up. He ignores every attemp I try to get in contact with him. I even offerred to sell the car for him. I don't know where the car is and He is ignoring me. What can I do? HELP..!!!
 
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JETX

Senior Member
LaurelJ said:
My Ex and I purchased a 1999 mercury Cougar together in Early June of 2004, Dumb I know. Reason being was his credit was mixed up with his father of the same name. So I signed the papers for him. Since I already had my car, and it was almost paid off I figured why not? But soon after that.. We split up. At first he was making the payments and taking care of everything, until he realized that we were not getting back together when I met someone else. He then tried to kill himself, and stopped making all payments, got into an accident and filed the claim on my Parents insurance. Which is when I found out he never had insurance on it. I have been getting calls from the bank stating that we are 3 months behind on the payments, and unless paid immediately, further legal action will be taken. (REPO) I don't know what to do. He has turned off his cell phone, and moved out of his parents house. The only way I have to get a hold of him is at his work, Which when I call they swear at me and hang up. He ignores every attemp I try to get in contact with him. I even offerred to sell the car for him. I don't know where the car is and He is ignoring me. What can I do? HELP..!!!
So, why EXACTLY are you trying to contact him?? There is nothing in your post that would indicate that he has a legal obligation to you. The only relevant issues are:
1) How does the title read??? If it has your name on it, the car is yours, go get it. If it has your name on it and his, it is still yours, go get it. If it has his name only, then you have no rights to possession.
2) Who's name(s) are on the loan?? If it is your name only, you are 100% liable. If both of you signed, then the primary is first liable, and if not paying, the secondary is liable. In the event that you are the secondary and have to pay, you could sue him for your 'damages', the amount you had to pay in his behalf. But since he is already clearly a deadbeat, your lawsuit probably wouldn't be much benefit.

Summary, you are pretty much going to eat this one and get an expensive life lesson. Do not, EVER, EVER co-sign a loan for someone... no matter who they are.
 

LaurelJ

Junior Member
The title is in both of our names. So is the loan. I am primary on it. I know he makes good money and could pay for it all. And I have tried to go get the car.. The only problem is... I don't know where it is. he won't tell me.. and everytime he does it's not really there. I have a bunch of stuff that proves it is his car and that he agreed to pay everything on it. But I just dont' know how to find him and make him do it.
 

JETX

Senior Member
LaurelJ said:
The title is in both of our names. So is the loan. I am primary on it.
Oh, oh!! You are the one holding 'the bag' on this one. Since you are the primary, you can't even go after him for the payments you made... since they were not done for his benefit, but for yours.

I know he makes good money and could pay for it all. And I have tried to go get the car.. The only problem is... I don't know where it is. he won't tell me.. and everytime he does it's not really there.
You're going to have to try harder.... or consider hiring a local 'recovery' company to find and grab the vehicle.

I have a bunch of stuff that proves it is his car and that he agreed to pay everything on it. But I just dont' know how to find him and make him do it.
Sorry, but unless your 'stuff' clearly shows his obligation to pay (contrary to your signed lender agreement), I doubt it would do much good. If you really want to pursue this, you can take your 'stuff' to a local attorney who can review it and see what, if any, options you might have.
 

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