Legal Question in Civil Litigation in Maryland
Who's really responsible for the fees?
My husband and I are seperated. We co-owned a car that has been repossessed. I learned that he had over $1600 in insurance violation fines on his car. When we bought the car he promised to make all the payments and pay fees for the car. When my car was impounded a week ago I had to pay all the fees on his car in order to get my car back. I never had possession of his car, nor had keys or access to his car. He refuses to reimburse me for the fines that I paid on his behalf. He claims that because I co-signed for the car, I am responsible for any fines incurred regardless if the fines are due to him not paying for insurance. He claims that by me co-signing I agreed to taking on any financial obligation concerning the car if he did not pay. Do I have grounds to sue him in small claims court? Or should this be a part of our divorce case that I just filed?
1 Answer from Attorneys
Re: Who's really responsible for the fees?
You should include this in your divorce case. He is technically correct that you are equally responsible to the lender for fees, etc., but as between the two of you, he's clearly responsible. In your divorce case you should ask the court to order him to reimburse you as part of any monetary settlement.