I have an agreement signed by my ex fiance and myself stating that he would pay off the balance of a car loan as long as I keep it insured and pay for all repairs and DMV charges. I received a phone message this morning stating that he can no longer make the payments and that he's going to file bankruptcy. What recourse do I have? I live in California.
2 Answers from Attorneys
Probably none, assuming he really files for bankruptcy.
You can sue him, but guess what - if he files bankruptcy you are likely going to be wiped out along with all of his other creditors. If you want to keep the car, you are either going to have to pay the loan off, or make arrangements with the lender to keep making the payments. Absent that, you'll likely lose the car.
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