Legal Question in Civil Litigation in Kansas

Car payments

My husband co-signed on a car loan for a friend of his before we met. This person has full possesion of the vehicle and according to my husband made an oral agreement that they would maintain and make all payments. We also live in Washington state, and this person lives in Kansas. We went and tried to purchase a house and found out that his friend was not making the payments and we were turned down for the home loan because of it. We tried to contact his friend and they ended up changing their number so they wouldnt have to deal with them. We just found them a week ago and they refuse to make any payments (we have since been making payments...so we can hopefully buy a house in the future). Can we sue this person in small claims court (understanding that we would be losing a good bit of money either way), and if so do we file the claim in Kansas or Washington state? Thanks for your input!


Asked on 7/15/03, 8:53 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Re: Car payments

Yes- You may sue this person for the payments that you have made. Due to the size of the debt, you may not be able to file in small claims court. You would need to file in Kansas, unless the agreements and everything were done in Washington.

You might consider contacting the seller, and agreeing to allow them to repo teh vehicle, so that you could minimize your losses. If you have found the "friends" then you can tell the seller where the vehicle can be found.

Good Luck,

Tony Smith

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Answered on 7/16/03, 4:12 pm


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