Legal Question in Family Law in Georgia

My fiance and I have beening living together for two years. His credit history is bad, so I signed for him to get a truck and motorcycle. We are ending our relationship and I want a legal document stating he is to be responsible for all payments and repair and not to be late on payment due to the fact it will go on my credit if he does not pay. What do I need to do to accomplish this?


Asked on 2/05/14, 9:02 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

You can have a lawyer draft an agreement. That won't undo the huge mistake of co-signing, and if he can't pay no agreement can force him to pay. It'll still go on your credit. The only real solution is to sell the vehicle and pay off the loan.

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Answered on 2/05/14, 9:08 am
Tahira Piraino Tahira P. Piraino

You have probably now learned an important lesson. Never cosign on anything for anyone, not even a relative. An attorney can draw up an agreement and include indemnification language. The agreement, however, cannot bind the creditor. Should your soon to be ex fail to make a payment or payments, the creditor can still come after you. Any late or missed payments will appear on your credit report. If there is a suit to collect, you will be named as a Defendant. Finally, if you are on the titles and he fails to maintain insurance and was the cause of an accident, that could also come back to haunt you. Your best option is to sell the truck and motorcycle.

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Answered on 2/05/14, 10:14 am


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