Legal Question in Civil Litigation in Maryland

I cosigned on a car loan for my ex-boyfriend. He is no longer making payments on the loan and now it is in re-possesion status and is in danger of being a charge off and judgement on my credit. Can I sue him personally for violating our agreement? Also, I have a separate agreement signed by him stating that he would turn over the car to me if he was ever late on any payments effective 1/01/10. I would pay the loan but don't want to pay for a car that is not in my possession.

Thanx!


Asked on 9/22/10, 10:49 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

If you get sued by the lender for a deficiency after they sell the vehicle, you can sue your ex for contribution and/or indemnification. As for your agreement regarding him turning over the vehicle, unfortunately it's a little too late for that, since it's been re-po'ed by the lender. If the lender elects just to charge it off and not come after you, your loss (no small one) is the damage to your credit, which is difficult to quantify in a suit against your ex. Your other option, which as you note isn't a good one, is to pay off the loan if you can get the car back, sell the car if it's saleable and then sue him for the difference. In the final analysis, unless he's getting a regular paycheck or has significant assets, you probably wouldn't be able to collect from him anyway.

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Answered on 9/27/10, 11:21 am


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