Legal Question in Credit and Debt Law in Maryland

Taking back a car that was cosigned

I cosigned a car with my bofriend on the 12th. We broke up and I want know if we can return the car it is now the 15th. What are my options if he refuses to return the car because I highly doubt he will keep up with the payments and I cannot afford them?


Asked on 9/14/04, 9:42 pm

1 Answer from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: Taking back a car that was cosigned

I will assume from your question, that you co-signed for a loan to purchase the car. If so, as a co-signer on that loan, you are equally responsible to repay it, and in fact, you are responsible to pay the full amount even if your boyfriend pays nothing (you would have a claim for contribution against your boyfriend, however).

Unfortunately, if your boyfriend "refuses to return the car", there is not much you can do at this point because, if your boyfriend's name is on the title, he is legally entitled to possess the car, until it is repossessed, if that occurs.

In order to give you any specific advice, you would need to have a consultation with an attorney in which the attorney would have a chance to review the sale contract with the car dealership and the loan documentation. I strongly advise you to obtain an attorney consultation at once.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 9/15/04, 6:32 am


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