Legal Question in Civil Litigation in New Mexico

I live in the State of NM. I cosigned a motorcycle and the guy has been more then 60 days late since 2010, How can I get off, he refuses to do any thing about it. I am a Disabled Veteran.

Asked on 10/10/12, 5:59 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

You cannot "get off" your obligation to the lender as you are bound by the contract you signed. If he won't pay, you will have to. Your legal remedy is to sue him in Metropolitan Court small claims division if you are in Bernalillo County, or Magistrate Court small claims division in any other county. No lawyers required; the court will provide the forms you need, but not legal advice. If you can get possession of the MC by totally peaceful means, you have the right to keep it until he pays all back payments, and to put a lien on the title for future payments. Other than that, the lesson is that one should never co-sign for another, as the liability attaches when the other does not pay.

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Answered on 10/10/12, 6:42 pm

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