Legal Question in Credit and Debt Law in Georgia
i am a co signer on a auto loan
co signer w/daughter on car loan & she has giving he car to her boyfriends mom who now makes the payment & always late. i did not agree to this transition when it was done. What are my rights as a cosigner. Can i get her with breach of contract since i co-signed the loan for her and have the car picked up.
2 Answers from Attorneys
Re: i am a co signer on a auto loan
Your options are likely limited. A co-signer generally has all the liability, and no right to the property purchased. Unless you have a security agreement or get a judgment, you likely have no right whatsoever to get the car. Even then, the lender would likely have a superior lien. You can file suit against your daughter for damages you have suffered. To protect your credit, you can make the payments. The general rule is that one should never co-sign unless you can afford to, and are willing to, give the money as a gift.
Re: i am a co signer on a auto loan
It is almost always a disaster to co-sign a debt.
The only right a co-signer has is the right to get sued by the creditor and to have their credit ruined if payments are late.
Unless you have a contract with the cosigner, you would not have an easy time pursuing the co-signer. If you have a contract, read that contract for your rights.