Legal Question in Credit and Debt Law in Florida

co-signer (owner) wants to go to small claims court

I had a co-signer on a car loan in 1998, she is listed as a joint owner on the car and is second on the registration. She wants off of the loan and I cannot get it refinanced (there are over 100000 miles on the car). My credit is not great and I can't afford a higher car payment if I trade the car in. I owe $6000 on the car and she does not want possession of the car she just wants it out of her name. She said she is going to take me to small claims court. Can she do that and what are my rights. I have made all payments and kept the insurance on the car. She has paid nothing and I am not in default on the loan.


Asked on 2/21/01, 11:20 am

1 Answer from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: co-signer (owner) wants to go to small claims court

Of course she can sue. But that does not mean she will prevail. In fact, based on your statement she will not. At this point in time she has no damages. Be sure to keep current on the payments.

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Answered on 4/04/01, 9:15 pm


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