Legal Question in Credit and Debt Law in Pennsylvania
I co-signed with a boyfriend on a motorcycle. I have been making payments on the bike because I have excellent credit and value my credit. I took him to court for the amount I have paid thus far on the bike and won. He hasn't paid me a dime and I can pay to have the magistrate do a sheriff sale to pay me back for what he owes me so far. I don't have the bike and I don't have a permit which is why I haven't gotten the bike. I was pregnant by him as well and he also has nothing to do with his child. He has a government job so I'm not looking for him to lose his job because then I wouldn't get help (support for the baby) My concern is that I never signed the registration card so he is either riding the bike illegally or he forged my name. This was not of concern to my lawyer and I'm wondering why. I also would like the bike but don't know where it is or what my options are. I dont' want to be around him and would prefer someone get it for me. What can I do? And if I get the bike how can I get him to sign off or for him to re-finance and me sign off. He never responded to mail from my lawyer so I want to get out of all of this. Can someone help me???
1 Answer from Attorneys
Co-signing is not the same as co-owning. Just because you co-signed the motorcycle loan does not mean that you are the co-owner.
How is the bike titled at the DMV? Is it titled in both of your names? If it is in both of your names, then if you see the bike, you are entitled to it. The problem is that he is also on the title so you cannot sell it, but at least you will have possession of it. Get someone that you trust to get it or get someone with a means of hauling it off the street and take it to storage.
I would be less concerned about the registration card. Having your name on the bike means that you can be sued if he is out driving the bike and causes an accident in which he damages another person or property.
You have a couple of options: (1) he needed a co-signer because he either has lousy credit or no credit history. If the former, it is unlikely that he will ever be able to refinance the bike; conversely, the bike loan which shows timely payments may have provided him a credit history and he might be able to finance the bike in his name. Of course that would require you to sign over your share of the bike and he owes you money. Don't do it unless he comes to you with cash or a money order. (2) If the bike cannot be refinanced and/or he refuses to buy you out, have you approached an attorney about a partition action? While such action is more common for land, personal property can also be divided this way. In a partition action, neither party is willing to buy the other out so the court orders the property to be sold and divides the cash between the parties. The problem here is that the bike is still being financed and I don't know what the bike is worth or how much is owed. With this option, you might have to wait until the bike is paid off. (3) Try to execute on your money judgment by levying on his bank account or seizing his other assets that are owned free and clear. (4) Again, I don't know what the bike is worth or how much the judgment is for,. Eventually, his share of the bike's value will equal what you are owed and you might be able to ask the court to title the bike solely in your name. (5)
I am not sure why you need a permit - anyone can own property. Once you get the bike, you can do what you want with it, like sell it and try to recoup some of the cash you have paid. I also am not sure why he would lose his job. Many people get sued and have judgments entered against them
Since you had an attorney, you probably ought to be discussing these options with him or asking him/her how you can collect on your judgment.
And never never never co-sign for anything for anyone ever again. Co-signing is always bad for the co-signer