Legal Rights w/co-signer

[LegallyLost]

What is the name of your state? Illinois
My question is regarding a vehicle I have with a co-signer. He paid off a balance on it and is taking me to small claims. I had my lawyer try to work with him and he said that he doesn't believe that he'd get any money from me so he won't let me make him payments on the money he paid for the vehicle. The problem is that I moved south to go to school (my permenant residence is still in IL) and it (the vehicle) broke down on me on the way here. Its a few states over and still sitting at a shop - has been for 8 months or so now. My husband and I both attend school (the reason for the move) he also works. I am home with my 3 kids - One which is older and a 2 yr old and a newborn. I have now received a letter from my lawyer (who knows my situation) stating that I have a trial date for next month that I have to be at. Which is IMPOSSIBLE for me. No money, no vehicle, 3 kids I'm responsible for and I'm nursing. Now if I don't appear will they come to this state (az) and arrest me? My ex talked with the mechanic who has the vehicle and apparently now he doesn't want to go get it. What are my rights? What can/should I do? Why isn't my lawyer doing more? I don't want to get in trouble but what can I do? Any advice would be Much appreciated.

 

[Ladynred]

Who was the primary on the vehicle loan ?
Why did he pay it off ?
What is his beef that he's suing you ?

If he's suing you in small claims court, and you don't go to the court date, then he could win a default judgment - you will NOT be arrested, in any state, so I wouldn't worry about that.

 

[LegallyLost]

I thought I was the primary on the loan - My name is first on the papers.

I just had the motor rebuilt in it before I left to go to school and the mechanic didn't do a good job so to have it done right I'll need to come up with more money for the mechanic who has it now so it can (hopefully) be fixed correctly. But, when it broke down and we ended up having to rent a car to get the rest of the way here. Plus my daughter got car sick and shortly after we did get there she had a seizure so we had all kinds of unexpected expenses and I fell behind in my pmts. That's why he just paid it off.

Originally the loan was for around 13,000 it was down to 3,000 that he paid. I think he just thought he could get the truck for cheap and sell it and make a quick profit. When he found out where it's at that's when he decided to take me to trial on it.

Maybe now he'll agree to pmts but I don't even know how to go about arranging that now. So if he wins a default ...... what? Am I looking at possibly surendering the vehicle, or making pmts on the amt he paid? If they won't come here to get me does that mean I'll have a warrant out on me in IL? For not going to the court date? I just want this whole thing settled.

 

[Ladynred]

No, you will NOT be arrested for anything, no warrants either. All that might happen is he wins the judgment. If he gets a judgment in IL and you're somewhere else, it won't do him any good anyway until or unless you move back to IL and get a job there.