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Auto Loans and Repossession Creditor actions following late payment or default on motor vehicle loans.

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Old 06-30-2008, 08:31 AM
KFire KFire is offline
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Default Cosigner's Rights on Repo'd Car
My question involves an auto loan or repossession in the State of Ohio.

Same old, same old, I'm sure for a lot of you...but here goes:

I was getting married at the time and ended up cosigning on a loan for a car for my fiance (prior to marriage). I believe I was on the title, although he claimed to be. Anyways, we're both on the loan, me as primary. About a year ago, we split up and I moved to Virginia. He kept the car with a promise to pay it off. Silly naive me, I believed it. I haven't heard from him since - his phone's been deactivated, and I THINK I know which town he still lives in. Well, the other day I got a letter from collections saying that I owe X amount for the debt. Are they going after him too? Can I take him to court to pay at least half the amount? I'm pretty sure the car was repo'd... if I pay the debt, can I get the car back? I had no idea this was going on... I just don't know what to do at this point. I've pretty much resigned my credit to tank, but I really don't have the money to pay an extra 300 a month to pay off the car.

Any help would be greatly appreciated.
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Old 07-01-2008, 06:04 AM
LawResearcherMissy LawResearcherMissy is offline
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Default Re: Cosigner's Rights on Repo'd Car
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Are they going after him too?
They may have gone after him and found him uncooperative, or they may be going after both of you simultaneously.

They don't care who pays, as long as one of you does.

Quote:
Can I take him to court to pay at least half the amount?
You're too generous. Take him to court for all of it!
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Old 07-01-2008, 10:07 AM
Betty3 Betty3 is offline
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Default Re: Cosigner's Rights on Repo'd Car
If he isn't paying on the loan, you need to or it will not only ruin your credit but they can sue you & get a judgment against you for any amount owed.

You might want to see if the car was actually repossessed & also whose name is on the title. However; if the car was repo'd & sold, you still owe the balance between what was owed on the car & what the car was sold for.

You can take him to court & try to get back any money you paid out for a car you don't have. I don't know if he has it or if it was repo'd.
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Old 07-02-2008, 05:41 AM
lwpat lwpat is offline
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Default Re: Cosigner's Rights on Repo'd Car
You do have specific rights under Article 9 of the UCC and the lender has to follow them to the letter. Get in touch with them immediately and find out what is going on. You also need to find out whether you are actually on the title or not.
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