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Debsoley · Nov 17, 2006, 09:12 AM

I have an incident that occurred about 5 years ago.I was seeing a guy and I co-signed an ATV auto loan for $8,000. He had a job and promised he would pay. Stupid me, I signed as a co-signer. I got stuck paying all the bills (the whole $8,000 I paid in full so my credit would not get ruined). I have a document from the bank that I paid that loan # in full. But, when I moved I must have lost the loan application from the dealership. Is there a time limit, from the time an incident occurred to sue someone? Do I have any type of case to sue this guy now? Even small claims court?
I did call small claims court in Nassu and they said there is no time frame/limit but my husband believes they are wrong and I have no case since I do not have the auto loan copy. I cannot remember at all which dealership the ATV was from. It is very unfair that I had to carry debt for a guy that just left me to pay off everything.

ScottGem · Nov 17, 2006, 09:36 AM

This site has good info about Small Claims Court in NYS:

http://www.smallbusinessrescue.com/s...ms%20court.htm

There is no Statue of Limitations listed. But there is other info that applies to you. First, the limit is $3000. You can still use the court even though your loss is greater, but you can only sue for $3K.

Second, to win this case, you would need to 1) prove that you signed on the loan as a guarantor, not the primary borrower, 2) that you, in fact, made the amount of payments you are suing for and 3) that you did not receive possession of the ATV. Without the loan documents you would have a hard time proving 1 & 2.

Even if you were to win, how would you collect? You would have to go after the guys bank acount or garnish his salary. This means you need to know where he banks and the account numbers and/or where he works.

If you can get the loan documents, you might consider trying the People's Court.

excon · Nov 17, 2006, 10:18 AM

Hello deb:

I'll even add a third negative to the above (and maybe a positive or two).

IF you find this guy, you're going to have to defend against his claim that it was a gift. From what you've said here, his claim might be legitimate. If I think that (and I'm on your side), what will a judge think?

Here's what leads me to that conclusion: 1) You were seeing him. 2) You didn't have him sign a note. 3) Given the above two, I also conclude, that should your relationship have worked out, you would not have sued him. 4) Lending credence to the above, is the fact that you didn't pursue him for years, and you were cavalier with documents that might have proven your case.

I hope I'm wrong, but be prepared for those questions. Yes, morally, he should pay you. Any real man would, but I'm not sure he's going to be found legally obligated.

The good news is, Scott is right. I think there are great advantages to using the Peoples Court. If you can't find him, they probably can. The incentive for him to appear, is that if he loses, the show will pay the judgment, and he gets a free trip to LA - NY? (I don't know which). Plus, if Judge Millian finds that you've just been taken advantage of because you were smitten, she'll at least be gentle about it. And, YOU'LL get a free trip to LA – NY? (where ever)

excon

Sentra · Nov 17, 2006, 10:21 AM

Judge Milian is on my list of heroes. She's hilarious, and its NY, I believe. Forgive me if I don't see it in your original post, but who got to keep the ATV? ScottGem and excon make very good points, think everything through. Will the loan company give you copies or records of your loan payment, or send a letter stating that you took care of everything?

ScottGem · Nov 17, 2006, 10:36 AM

I mentioned The People's Court rather than Judge Judy or one of the others because it is based in NY. (I used to work around the corner and could have been in the group interviewed if I wanted to catch a later train).

I would disagree somewhat with excon that this could be construed as a gift. If you had given him the money in the expectation that he pay it back, maybe. But you simply co-signed on a loan that you expected him to pay. I doubt if any judge would see it as a gift as long as you can show that he was the primary and he didn't pay and that they dunned you for payment.

Debsoley · Nov 17, 2006, 10:43 AM

It definitely was not a gift! I co-signed the loan thinking he has a job and would pay it himself. My problem is that I cannot find the auto lease document - when I moved I must have lost it. My only proof is a letter I got from a bank stating this loan # was paid in full by myself. I think it might be worth a try. Maybe it will scare him when he gets the paperwork in the mail? I also head if the defendant does not show I might be rewarded.