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He took my car and now he wants to sue me?

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neongirl

Junior Member
What is the name of your state? California

I purchased a car in Colorado and my friend in California co-signed for me, well in February of this year I had a payment that was late and the bank called both of us so he came to my house in the middle of the night and took my car!!! I don't know if it matters but I payed the down payment and made all monthly payments and payed the registration.....Now he is saying he is going to sue me (for what I don't know) my question is does he even have a case??? he signed the contract aknowledging that he understood the definition of co-signer. Also I was in Colorado when I registered the car so my signature is the only one on the registration. My other question is if I have any grounds to file a case against him??? I had personal items of my own and other peoples in the car when he took it. ThanksWhat is the name of your state?
 


C

CALIF-PRO36

Guest
neongirl said:
What is the name of your state? California

I purchased a car in Colorado and my friend in California co-signed for me, well in February of this year I had a payment that was late and the bank called both of us so he came to my house in the middle of the night and took my car!!! I don't know if it matters but I payed the down payment and made all monthly payments and payed the registration.....Now he is saying he is going to sue me (for what I don't know) my question is does he even have a case??? he signed the contract aknowledging that he understood the definition of co-signer. Also I was in Colorado when I registered the car so my signature is the only one on the registration. My other question is if I have any grounds to file a case against him??? I had personal items of my own and other peoples in the car when he took it. ThanksWhat is the name of your state?

My response:

You were placing his credit in jeopardy. When you're late, it also goes on his credit record. He wasn't about to have you destroy his good credit, so he's got the car and making the payment that YOU should have been making ON TIME.

So, you can't have something that you can't pay for, or keep your promise to make payments on time. You don't have the luxury of placing someone's credit at risk.

Therefore, he can, and will sue you for the payments he's making - - so that he can keep his good credit and NOT allow you to destroy it.

IAAL
 

JETX

Senior Member
neongirl said:
I purchased a car in Colorado and my friend in California co-signed for me, well in February of this year I had a payment that was late and the bank called both of us so he came to my house in the middle of the night and took my car!!!
How EXACTLY is the vehicle titled??
If his name is on it, in ANY form, then it isn't YOUR vehicle.... it is co-owned by both of you. And if that is the case, yes, he has just as much legal right to possession of the vehicle as you do.

Now he is saying he is going to sue me (for what I don't know) my question is does he even have a case?
See response by my esteemed colleague, IAAL.

he signed the contract aknowledging that he understood the definition of co-signer.
Clearly, he knew the definition... and that your failure to pay as you promised was putting HIS credit at risk.

Also I was in Colorado when I registered the car so my signature is the only one on the registration.
Doesn't mean anything.... as long as his name is ALSO shown as an owner.

My other question is if I have any grounds to file a case against him??? I had personal items of my own and other peoples in the car when he took it.
And what was his response when you contacted him in WRITING and POLITELY asked for the return of your property??
 

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