[Bferg21]

So I am helping my friend research this issue and any feedbck or comments would be greatly appreciated!


So in Oct. 2005 my friend used to live with her boyfriend in St. Paul Minnesota and since he didn't have any credit and needed a car she co-signed on the loan from the bank. Well they obviously couldn't make it work and he moved out and took the car with him. Well he never made any payments on the car so she had it repoed and it was sold at auction. She was able to pay down $5200.00. On wednesday(11/7/2007) a man from a collections agency or the bank (im not sure which)showed up at her grandmothers door where her current residance is and delivered papers stating that since her ex has not made any payments what so ever since 2005 on the car the interest and late payments have now be turned over to collections and she is now responsiable for the remianing $5200.00 plus interest. She has no contact with her ex and so she is going to pay the bank and has set up a payment plan to keep her self out of debt.

Now since she co-signed for the car she knows she has responsibility to pay the bank and will pay them. However does she have a liable case to file against the Ex and possiably get her money back? She was thinking of fileing in small claims but she is not sure if it is even worth it if she won't get any money back.

Should she even try?


Thank you soooo much for any help!!

[Fr_Chuck]

She does not have a liable case unless the ex is saying something that is hurting her, she may have a claim against him for not paying.
But this is the issue, the loan company would be sueing him ( or may be sueing him also) they will collect money from both till this is paid.
She can sue him for the loss, but again this is the risk for co-signing, and also what always happens on a repo.

[JudyKayTee]

[QUOTE=Bferg21]So I am helping my friend research this issue and any feedbck or comments would be greatly appreciated!


So in Oct. 2005 my friend used to live with her boyfriend in St. Paul Minnesota and since he didn't have any credit and needed a car she co-signed on the loan from the bank. Well they obviously couldn't make it work and he moved out and took the car with him. Well he never made any payments on the car so she had it repoed and it was sold at auction. She was able to pay down $5200.00. On wednesday(11/7/2007) a man from a collections agency or the bank (im not sure which)showed up at her grandmothers door where her current residance is and delivered papers stating that since her ex has not made any payments what so ever since 2005 on the car the interest and late payments have now be turned over to collections and she is now responsiable for the remianing $5200.00 plus interest. She has no contact with her ex and so she is going to pay the bank and has set up a payment plan to keep her self out of debt.

Now since she co-signed for the car she knows she has responsibility to pay the bank and will pay them. However does she have a liable case to file against the Ex and possiably get her money back? She was thinking of fileing in small claims but she is not sure if it is even worth it if she won't get any money back.

Should she even try?



I don't see any libel here at all. She might try in Small Claims but she is the co-signer and, therefore, equally responsible for paying the debt. Whose name was on the car? I see a problem with her having it repossessed and sold - the Court could very well take the position that it was her decision to have it repossessed instead of trying to sell it herself for more money -

Your friend sounds like a stand up person - most people would be trying to think of angles to avoid paying.