My co-signer missed a payment and i don't know if i can take legal action.

[snlman0303]

I live in Washington state.

So I co-signed a car loan with somebody and she has a payment that went delinquent on my credit. The payment is over 100 days old now and I feel I must pay it soon before it goes to a third party. The only thing that worries me is somehow when we signed the loan I ended up being the primary on the loan even though the car was for her. With enough evidence would I be able to sue her for the late payment? my evidence would be witness statements saying that she was the driver and person making payments on the car, the sales paperwork itself would show the she traded in her old car registered in her name for the new one, statements from the salesmen saying she was the one who was car shopping and the one who drove off with the car, history from our lender showing that her bank card was the only one that ever made payments on the loan, texts from her talking about her making and missing payments, texts from her stating that we need to get me off of "her loan", she was the only one ever insured to drive the car. The car is now totaled, she was the one driving it...our missing payment is the payment before she got into her accident. she thinks that the gap insurance will cover a payment missed before her car accident..i think otherwise. Can I sue for the missed payment if I pay it? any other evidence I may need?

 

[FlyingRon]

You must pay it because you agreed to do so by consigning. You can be sued and have your credit trashed if you don't (in fact, you may already have derogatory information on your report as a result of this delinquency).

Just because she has beneficial use of the car doesn't mean there's a contract between her to pay you for any payments you made. The fact she made payments earlier is equally immaterial.
You need to show some actual agreement between the two of you that she would make such payments.

 

[Zigner]

The fact she made payments earlier is equally immaterial.
You need to show some actual agreement between the two of you that she would make such payments.

I think an established history of consistently making payment (before the current delinquency, of course) can go a long way towards establishing that there was, in fact, an agreement between the two parties.

 

[justalayman]

For clarification;

In whose name is the car titled?

 

[snlman0303]

On the car sales, it shows me as the primary and her as the secondary. I don't think I ever signed the cars registration though. And there is consistency with her making the payments. I never made a payment on the car. Does her stating in text messages that she wants to get me off "her car loan" validate anything?

 

[justalayman]

So you don't know who is listed on the title or you won't say who is listed on the title as owner?

A registration is not the title

A loan contract is not the title

 

[snlman0303]

Am I having a brain fart? I thought the lender holds on to the title until the car is paid off?

 

[justalayman]

Am I having a brain fart? I thought the lender holds on to the title until the car is paid off?

I haven't checked your state. In some they do and in others they don't but regardless of who holds it, there is still an owner named on the title and the lender will be listed as lien holder.

 

[snlman0303]

I think in my state we don't get a title until it's paid off. I do know that I am the primary on the loan and she is the secondary.

 

[justalayman]

I think in my state we don't get a title until it's paid off. I do know that I am the primary on the loan and she is the secondary.

Even in your state, whichever that is, title is issued by the state. It is just that the lien holder holds the physical title until the lien is paid off. All of the information; owner, owners registered address, what ever is on the title the lien holder holds.