What is the name of your state? DE
Hi all. Ok bare with me this gets a little involved...
3 1/2 years ago, my partner had a very manipulative friend who needed a car after totalling hers in an accident where she was driving drunk and at fault. She had no insurance or driver's license at the time. After the accident, she needed a car. She was unable to purchase one without a valid driver's license, so she asked my partner to do it and promised to make the payments. So, he did. He is the primary signer on the loan and she co-signed. Do I even have to tell you what happened?
Let me give you a little history. I know there is no excuse for some of the stupid mistakes people make, but this was a rough time in his life. He was into drugs and basically living a very irresponsible life. He was actually the passenger in the vehicle when it was totalled. He suffered a broken collar bone and other minor injuries (that hospital bill has yet to be taken care of but that's another story). After the accident, she took advantage of his vulnerable, sedated state and talked him into purchasing this car. If there was a moment in his past I could erase, that would be it!
A few months after signing, Kim was sent to jail for the accident (I think this was her 4th or 5th DUI- what a winner). At that moment, or possibly even before, the payments on the vehicle stopped. A year later, it was repossessed and sold at auction. The remaining balance is somewhere around $12,000. A collection agency contacted my partner in 2003 and he agreed to make payments, but I stopped him from doing so because I feel that Kim should be held responsible. We then decided he should file bankruptcy. The collection agency then wrote it off, no longer pursuing him or Kim for the money.
He never did file bankruptcy, and we are now in the process of buying a house. We have been preapproved for the mortgage, but the mortgage company is saying he SHOULD (but does not have to) try to get Kim to make these payments. He called her a few times before receiving a call back. They hadn't talked in about 3 years as of last week. They talked for a few minutes but then he tune changed when the car was mentioned. She said she had to go and would call him back. Well, we've received no calls back, despite calling her and leaving messages nearly every day since.
My question is, and I'm sorry it took me so long to get here, is there any way we can pursue her for this money? I know it's been a long time and they have nothing in writing stating she was actually going to be the one to make payments, only a verbal agreement from over 3 years ago. It just infuriates me that she did this to him. Does anyone have any advice? I would really appreciate it.
Hi all. Ok bare with me this gets a little involved...
3 1/2 years ago, my partner had a very manipulative friend who needed a car after totalling hers in an accident where she was driving drunk and at fault. She had no insurance or driver's license at the time. After the accident, she needed a car. She was unable to purchase one without a valid driver's license, so she asked my partner to do it and promised to make the payments. So, he did. He is the primary signer on the loan and she co-signed. Do I even have to tell you what happened?
Let me give you a little history. I know there is no excuse for some of the stupid mistakes people make, but this was a rough time in his life. He was into drugs and basically living a very irresponsible life. He was actually the passenger in the vehicle when it was totalled. He suffered a broken collar bone and other minor injuries (that hospital bill has yet to be taken care of but that's another story). After the accident, she took advantage of his vulnerable, sedated state and talked him into purchasing this car. If there was a moment in his past I could erase, that would be it!
A few months after signing, Kim was sent to jail for the accident (I think this was her 4th or 5th DUI- what a winner). At that moment, or possibly even before, the payments on the vehicle stopped. A year later, it was repossessed and sold at auction. The remaining balance is somewhere around $12,000. A collection agency contacted my partner in 2003 and he agreed to make payments, but I stopped him from doing so because I feel that Kim should be held responsible. We then decided he should file bankruptcy. The collection agency then wrote it off, no longer pursuing him or Kim for the money.
He never did file bankruptcy, and we are now in the process of buying a house. We have been preapproved for the mortgage, but the mortgage company is saying he SHOULD (but does not have to) try to get Kim to make these payments. He called her a few times before receiving a call back. They hadn't talked in about 3 years as of last week. They talked for a few minutes but then he tune changed when the car was mentioned. She said she had to go and would call him back. Well, we've received no calls back, despite calling her and leaving messages nearly every day since.
My question is, and I'm sorry it took me so long to get here, is there any way we can pursue her for this money? I know it's been a long time and they have nothing in writing stating she was actually going to be the one to make payments, only a verbal agreement from over 3 years ago. It just infuriates me that she did this to him. Does anyone have any advice? I would really appreciate it.