CO signed for ex girlfriends car

[notOk]

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

Hi, I co signed for my ex girlfriends car loan about 8 months ago she made the first payment then canceled her bank account, so the car dealership has been charging my checkcard eversince that I gave them when we signed up. She refuses to pay her car payments or get a job and has recently left the country for 3 months. All i want is my name clear of everything so my credit doesnt get dinged.. I dont care about getting the money back that Ive payed so far. Is there anything I can do to get free and clear? thx

 

[Proserpina]

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

Hi, I co signed for my ex girlfriends car loan about 8 months ago she made the first payment then canceled her bank account, so the car dealership has been charging my checkcard eversince that I gave them when we signed up. She refuses to pay her car payments or get a job and has recently left the country for 3 months. All i want is my name clear of everything so my credit doesnt get dinged.. I dont care about getting the money back that Ive payed so far. Is there anything I can do to get free and clear? thx

Keep paying, really - that's about all you can do. You agreed to be responsible for the loan.

 

[cosine]

Contact a lawyer about any possible legal route to obtain the car from the ex. You probably will have to sue to get it since you don't have a lien.

 

[Antigone*]

Contact a lawyer about any possible legal route to obtain the car from the ex. You probably will have to sue to get it since you don't have a lien.

Really, pay a lawyer...why

 

[dfromnyli]

These posts ALWAYS come up on this forum. This is what happens when you cosign loans! People think cosigning loans just means the obligor is utilizing their name and credit to get the loan but they do not read any of the terms and conditions of what they are signing their name too.

 

[latigo]

You appear to have a claim for "unjust enrichment." The ex-girlfriend has the car which you do not get to use, you are paying for it, and she is enriched by the fruits of the transaction. File suit, demand possession and title of the car, then sell the car to satisfy the vendor's loan claims. Make service of your suit "on abode" and take your Judgment.

Unjust enrichment?

With all due respect, your post makes it patently clear that you possess not even a rudimentary understanding of either the principles of restitution embodied in the laws of equity or surety law.

Your supposed theory that the principal obligor on a loan becomes “unjustly enriched” by the act of a third person voluntarily guaranteeing performance and thus giving the surety a cause of action for restitution just doesn’t hold water.

One of the essential elements of the cause of action is that the claimant must have provided something of value with the expectation of being compensated.

The key word is “unjust” or “unfairly”. It is not simply “enriched” or “benefited”!

And how can it be said that the girl friend was unfairly benefited, when her boyfriend went into this thing with both eyes open?

There are adequate legal remedies available to the OP under established principles of surety law and subrogation. But not in equity because the principles of equity to not apply where there is an adequate legal remedy.

 

[Zigner]

Hapless guesses a lot.