HE SAID HE INCLUDED THE TRUCK IN HIS BANKRUPTCY BUT DID NOT MAKE THE PAYMENTS. I OFFERED TO REFI IN MY NAME ONLY, HE REFUSED. THE FINANCE CO COULD NOT FIND HIM, SO OF COURSE THEY FOUND ME, I TOLD THEM WHERE THE TRUCK WAS AND IT WAS REPO’D. WHEN IT WAS SOLD AT AUCTION I HAD TO PAY THE DIFFERENCE. IF I WERE TO FIND HIM, CAN I SUE HIM FOR AT LEAST HALF? I UNDERSTAND MY PART…BUT HE SHOULD HAVE TO PAY SOMETHING!!
Originally posted 2009-04-07 22:28:06.
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{ 8 comments… read them below or add one }
Sure you can sue him.
You will probably never see the money, you’ll just have a piece of paper from the court saying he owes you the money.
It seems he doesn’t care to pay his debts, why would he pay on that?
no you can’t sue him; the judge will tell you that by cosigning for him YOU made YOURSELF responsible. it’s a crappy situation i know but that’s why they had crappy credit in the first place.
Yes you can.
A similar situation, a friend of mine was sharing an apartment with his ex. They ended up oweing fees after canceling their lease early. He was told that even if she didn’t pay her half it would mess up his credit, so he paid the full amount. He took her to court and sued for his money back. End of story.
Speak to a lawyer or go to your local Court house/Magistrate and ask them about filing a civil case.
You must file the case in the county in which the debt occurred.
also it helps to track down the guy. You want to bring him to court. They may not give him a summons to court the first time, but as long as he was notified and didn’t show in court and you did, the Judge may Pass a Judgment and give you a list of option in how you may get your money back from him.
If he filed bankruptcy and did not reaffirm then he is no longer liable for the debt, which means no you can’t sue him. If he DID reaffirm you could sue him, but I suspect he didn’t reaffirm.
You can probably sue him, but even if you win the judgement, that doesn’t mean you’ll ever collect since he’s obviously a loser. You’ll then be out the additional court costs and lawyer’s fees.
You most certainly can sue him. You entered into a binding contract with him as a co-maker. Meaning that if he did not up hold his end you would do it for him. You had to tell them where to find it, so they should be calling it a Volunteer repo.
I run into things like this on a daily basis and have had people call me back to help find the Maker or the Co-Maker of a loan. When I locate them they are always hauled into court, with great success.
Find the bum and have him served. By the way even if he did file bankruptcy with the new laws, he was still going to have to pay sooner or later.
What a bum. Good luck!
talk to a lawyer – that’s a complicated situation
Yes you can sue….BUT…
Considering the guy is a scoff-law… good luck collecting any judgment..
Write it off as a life-lesson learned… and no longer associate yourself with that person…