Legal Question in Civil Litigation in Texas

Vehicle Question

I signed a contract listed as the primary for a friend who we listed as the cosigner for a car in June of 2007 because he had just moved here (Texas) and was not working. He has since then been working, making payments, all has been fine. I've not ever driven the car, nor communicate with him any longer (I'm able to, I simply choose not to). I am now attempting to purchase a car for myself and unable to do so because I am listed as the primary on his car. We would like to have my name removed from the car, but the car company will not allow a refinance to take place at this time (simply due to age of loan, not his credit). They advised me to take it to court and have me severed from the contract. All parties (car co., co signer & myself agree to doing this). How do I go upon doing this? What steps do I need to take? What area of law does this even fall under? Any help would be wonderful.


Asked on 12/28/07, 9:31 pm

3 Answers from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Re: Vehicle Question

The story sounds fishy..the lender can release you without a Court Order..so your friend needs to consult a different finance company and pay off the loan...as you must be talking to someone who has no authority...Call a lawyer...our firm would charge at least one thou fee..

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Answered on 12/29/07, 4:14 am
Donald McLeaish McLeaish&Associates;, P.C.

Re: Vehicle Question

The story sounds fishy..the lender can release you without a Court Order..so your friend needs to consult a different finance company and pay off the loan...as you must be talking to someone who has no authority...Call a lawyer...our firm would charge at least one thou fee..

Read more
Answered on 12/29/07, 4:14 am
David Leon David L. Leon, P.C.

Re: Vehicle Question

Wouldn't it be easier if you just sold the guy the car? The two of you should make an appointment to go to the guy's bank, tell a loan officer exactly what you're doing and be done with it. Assuming the guy has credit, this would be much less expensive and time consuming.

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Answered on 12/29/07, 10:36 am


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