Legal Question in Credit and Debt Law in Arizona
unable to pay for vehicle that was purchased, where I'm the cosigner.
I cosigned for my husband a new
truck, now he wants a divorce and
brought the truck back to me to pay
for it. I can't afford it. The payment
is 777.00 a month. If I return the
vehicle will I have to pay the
difference on what they sale it for?
And if I can't, can the bank attach a
lien on my home or any property
that I own. I'm not sure what the
best route to go is. Can I negotiate
with them to lower the payment so I
don't have to ruin my credit?
1 Answer from Attorneys
Re: unable to pay for vehicle that was purchased, where I'm the cosigner.
Has a Petition for Divorce been filed by either of you? If not, you might want to get it started. Many people file for divorce on their own or you can hire an attorney. It looks like you live in the Yuma area and I work in Cochise County, so I would not be able to work directly with you. If you or your husband is a member of the military, you could contact your local JAG office. You will have to meet some financial requirements, but if you qualified for Legal Aid, most offices offer FREE monthly divorce clinics. Start at < http://www.azlawhelp.org/> or check your phonebook for the Legal Aid office. If you can afford an attorney, get one.
Now, about the truck, the value of the truck probably went down as your husband drove it off the sales lot and it may take a year or two before the truck could be re-sold at a price that covers what you owe on it. If it has been a short time since the purchase, like 10 days, you might be able to return it to the dealer. Yes, normally you will have to make full payment on the load, even if the truck "re-sells" for less than the loan amount. Can you negotiate a different financial payment schedule, yes�husband will probably have to agree or co-sign. It�s not clear why the truck was returned to you, husband can�t make the payments or husband doesn�t want to make the payments? The reason may make a difference in how you proceed.
If you get a divorce started, you could file a request for a Temporary Order asking the Judge to order husband to continue with the payments or seek re-financing that takes your name off the loan.
If a divorce has been filed or you get it started, there is a standard injunction against both parties from taking on new debts or getting rid of property. That means that if the divorce has been started with the court, you could be violating the injunction if either of you stopped making the payments.
Good Luck