Legal Question in Civil Rights Law in Michigan

I have co-signed (stupidly) for a motorcycle loan back in 2009 for my boyfriend at the time and he has since defaulted numerous times. I am unable to contact him via phone or mail, what can I do to get my name off this loan? He claims that he tried to refinance, but his credit sucks and can't get approved. What are my choices? Can I take the motorcycle and sell it?


Asked on 1/12/11, 3:02 pm

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

If the (title to the) motorcycle is in you name, it's yours. You can take it and you can sell it. If the motorcycle is not in your name, but your boyfriend agreed to pay you back, then you can take him to small claims court for reimbursement. You will have to prove to the court that the money was a LOAN and not a GIFT. This may be trying to get blood from a stone, if he has no money, but if you can get a judgement you can also garnish his wages.

You cannot "get your name off" the loan. If it were that simple, everybody who has ever borrowed money would just do this, instead of paying the money back. You may be able to convince the lender to reduce your interest and/or principle payment, if you can convince the lender that you are on the verge of default, and that you have no money, job or assets.

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Answered on 1/17/11, 3:50 pm


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