Legal Question in Credit and Debt Law in North Carolina

My ex and I co-signed on a car together, she had a job then but quit months ago and I have been stuck with payments that I can’t afford. I have never been in possession of this car, what can I do?

Asked on 8/12/21, 12:49 pm

1 Answer from Attorneys

Lynn Coleman Attorney-Mediator

Did you two have an agreement that she would make the payments? Is there an equitable distribution order which says she has to make the payments?

If your name is on the title to the car, you have an equal right to possess the car as she does. Try and get her to give you possession of the car since you are making payments on it, or try and get her to agree to sell the car. If she was working, you could try and get her to refinance the car into her name only. Otherwise, there is nothing that you can do except pay the car off and sue her for the money you paid on it or for possession of the car. No Judge can force the lender to take your name off of the loan. It is doubtful that a Judge would order her to give you possession of the car unless you pay it off.

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Answered on 8/19/21, 8:36 am

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