Legal Question in Civil Litigation in North Carolina
I want to sue my Ex-spouse for the past due payments on a Ford Focus. I am the primary name on the car, but I have never driven the car nor do I have a license. He urged me that he needed the car to get to work. Since he is a felon and it was hard for him to get a car on his own, I signed on the car with the expectation and his agreement to paying the car payments since I would not be driving the car. Upon leaving my ex I was willing to take the car with me, however he and his mother insisted that if I left the car there, he would continue making the payments even if it meant she assisted with the payments since otherwise he could not get to work. It has been almost 6 months since my ex had lost his job, but he just recently told me that he lost his job. As a result, he is behind on the car payments which now include late fees. Would I be able to sue him for the past due balance on the car and court fees. I do not want the debt on the car to bring down my credit. Is it possible that he could argue that I lived with him prior to the breakup. I do have text messages where he admits to owing the payments and that he has no money.
1 Answer from Attorneys
The last thing you likely want is to be belittled, yet I see no other way to respond to your question other than to not respond at all - so here goes. You co-signed for a felon and are now shocked neither he nor the mother who presumably raised a felon are keeping their word. You then think it may be a good idea to throw good money after bad by suing him when he has no money and are concerned about completely irrelevant things like whether he can claim that you lived with him prior to the break-up. Even if you were successful and got the judgment, it would likely have about the same worth as used toilet paper. You have essentially made one bad decision after another regarding this car. At this point, if you are on the only one on the tile, your best bet is to likely take possession of the car and attempt to sell it - that's is what the bank will likely do eventually. Best of luck.
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