Legal Question in Consumer Law in Virginia

My ex and I both signed off on a car lease together 5-6 months ago. I am primary owner and he secondary. Every time there is a dispute between use he threatens to take the car away. From the moment we signed the agreement and still till this present moment he has not come out of pocket for any expenses pertaining to the car. I am the one who is paying for it monthly and it is under my name the car is insured under. I also have documentation to prove it. I am also the one primarily drives the too and from work. He only used the car once or twice. I am deeply considering going to court but i would like not to take the chance of him winning or there being a judgement of selling the car instead. I would be going to court to prevent him from taking the car when he knows i need it to travel to work. He has his own vehicle but does not want to put the mileage his car when he is traveling far for his on personal reasons. I have the forms from when we signed for the car to prove that i am primary and he is secondary, I have transaction records and statements from both companies that withdraw the funds necessary to pay for insurance and the car payments. My main goal is to remove him from the car lease but at the current moment i cant because i would need another co-signer to get it refinanced. So for the current time we both agree that if he needed to borrow the car he could switch his car out with mine but he doesn't not want to stick to the agreement anymore for vague personal reasons. i would appreciate some ideas on how i should go about handling this. More so, if i even stand a chance at winning a possible case against him if he and i did go to court over the car?


Asked on 1/11/16, 9:56 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

No, on these particular facts I think "you're likely pretty much stuck". Courts in civil cases look to award monetary damages to plaintiffs having a meritorious claim and normally are not in the business

in such cases of ensuring that a defendant do something (or refrain from doing) something

in order to comply with the terms of a particular contract at issue.

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Answered on 1/12/16, 9:32 am


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