Legal Question in Credit and Debt Law in Georgia
We co-signed with our soon to be ex- son in law for a new car. Now he is not making car payments. Can we take the car. or is our credit ruined?
Asked on 1/04/10, 4:59 am
2 Answers from Attorneys
Scott Riddle
Law Office of Scott B. Riddle, LLC
If payments are not made, the lender will take the car. Unless you have paperwork stating you have a security interest, you can't take it unless he agrees. Ask him to sell/transfer the car to you, and you pay it off. This was the risk co-signers take -- all the liability and none of the benefits (i.e., the vehicle). There is a reason people need co-signers -- usually a history of not paying. As far as your credit, check your credit report. No one here can tell you what it says.
Answered on 1/09/10, 5:12 am
Glen Ashman
Ashman Law Office also dba Glen Ashman Attorney
Everything that Scott says is true. You should never cosign a loan unless you plan to actually make all the payments.
Answered on 1/09/10, 6:39 am