Legal Question in Consumer Law in Georgia

I co-signed a car loan with my boyfriend at the time, several years ago. We have since broken up and he has been 30 days late several times. He was doing well with making the payments for about a year and half and this past month he was 30 days late. He will not give me possession of the car. If I sue him because I do not believe he will be able to make future payments will a court grant me possession of the car or force him to sell it? Is there any action i can take?


Asked on 8/30/10, 10:32 am

3 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

You may be able sue him to: (i) reimburse you for any payments you've made on his behalf, (ii) force the sale of the car. Hire a Georgia litigator to discuss the specifics of your case and your legal options/rights.

Best of luck.*******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 9/04/10, 10:40 am
Scott Riddle Law Office of Scott B. Riddle, LLC

Unless you have other agreements you did not mention, you have no right to get the car or force him to sell, or do anything else with the car. This is exactly the situation you agreed to by co-signing and it should be expected because people need co-signers for a reason - they have a history of not paying bills on time. You agreed to all the liability, with zero benefits. Further, a qualified lawyer would tell you that asking the court to get the car or force a sale would likely be expensive and time consuming and not like suing for money. If you end up paying, you might have a claim for the money, but if he can't pay is bills that claim might be worthless. One way or the other, it is an expensive lesson to never cosign for anyone unless it is a spouse, or you plan on making the payments yourself as a gift.

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Answered on 9/04/10, 10:52 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Nothing in your post says you can sue to get the car unless you are on the title..

Whether you can sue for money depends on what your agreement with him says. What does it say?

As Scott noted, never ever cosign something you don't plan to pay, as cosigning means you are expected to pay it.

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Answered on 9/04/10, 10:55 am


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