Can i sue my co-signer for taking the car even though he's not made any

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Pogolaw

New member
I don't know where you are but in most states, a co-signor does not have the same rights as a financial institution when it comes to repossession. Repossession is not even actually legal. To properly and legally retain possession of an automobile a financial institution or anyone else has to get a Writ of Secrestation issued by a court to go onto private property and seize property. Repo guys do it all the time if they have a repo order from a bank and if they can hook onto it and get out onto a public street it's theres. If you catch them in the act and still on your property, you can tell them to get lost or do whatever else is justifiable to protect your property. That's the only reason the guy awhile back was not indicted for shooting the repo man he caught in his driveway that was in the news, he was still on the man's property.

The dollar amount that can be sought in most states small claims courts is ten thousand dollars, if what your seeking is that or less you can file on him in small claims court, I would think you would most likely win or you can just simply call the police and see if they think he violated any criminal statutes in your state, if so they will handle it, if they say it's a civil matter you'll have to take him to court so go to your small claims court and tell the clerk what happened and she can assist you in filing whatever papers you need or steer you in the right direction.
 
I don't know where you are but in most states, a co-signor does not have the same rights as a financial institution when it comes to repossession. Repossession is not even actually legal. To properly and legally retain possession of an automobile a financial institution or anyone else has to get a Writ of Secrestation issued by a court to go onto private property and seize property. Repo guys do it all the time if they have a repo order from a bank and if they can hook onto it and get out onto a public street it's theres. If you catch them in the act and still on your property, you can tell them to get lost or do whatever else is justifiable to protect your property. That's the only reason the guy awhile back was not indicted for shooting the repo man he caught in his driveway that was in the news, he was still on the man's property.

The dollar amount that can be sought in most states small claims courts is ten thousand dollars, if what your seeking is that or less you can file on him in small claims court, I would think you would most likely win or you can just simply call the police and see if they think he violated any criminal statutes in your state, if so they will handle it, if they say it's a civil matter you'll have to take him to court so go to your small claims court and tell the clerk what happened and she can assist you in filing whatever papers you need or steer you in the right direction.
 
financial contribution? A while back, me and my friend co-signed for my car. I had no established credit so therefore he agreed to sign the loan with me. Everything was okay as far as the car went he signed and i paid, january of 2009 i ran into a hour cut and had some issues paying on the note. nothing serious just a couple of days late and then even more hour cuts in march. Well i was making the payments its just they were hitting 30 days late because i get paid bi-weekly not on the 1st and 15th, so my paycheck always made it late. However the bank stated that i had to catch up or they would place the car under repossession.

I made the arrangements and caught the payment up. they payment ended up being returned and i never received any further information until i called the bank after the incident with the co-signer. they payment was 43 days late but NEVER up for repossession. A man comes to repossess the vehicle claiming its from the bank. Well i call the bank they say there's no such notation on the account they're just looking to resolve the missed payment that was never received. After investigating the issue, comes to find out the co-signer is the one who placed a repo on the car using the finance companies name. The reason being is me and the co-signer got into a dispute and i told him we are no longer friends strictly business.

The car has been paid for by myself for the past 16 months in which then he picked the car up. Well he submitted the late payment. The car was never up for repossession and he claims that he's taking the vehicle over because i've damaged his credit score and the bank was going to repo, saying that i've dropped his score as much as 300 points. Just because i've been late on a few payments.

The car was never actually repossessed and my credit score is higher than what he is claiming his is and i started out with no credit whatsoever. My question is, Since the vehicle was never in danger of being repossessed and i'm the only one who's been making payments on the vehicle until his recent payment that he submitted which i'm guessing he's hoping to use as legal rebound, Can i in fact sue him for the damages he has caused by the act of taking the vehicle away from my possession.

We never agreed to anything, but the fact is the vehicle was paid for. It was being paid for and it was current except for the recent payment of 43 days late. However, my take is he co-signed which means he agrees to be just as responsible for the car as am i. But due to his actions of taken the vehicle i've lost my job for the most part, i was never notified of his intent therefore its put my through alot of stress which i was thinking i could claim punitive reimbursement and on top of that, its left me without a way of getting around causing a huge inconvenience to me and my daily life. his name is on the title so i understand he can take the car if i am FAILING to pay for it.

However, the fact of the matter is, i was paying he never offered to help with the situation instead he has taken the vehicle. When i called the bank the day they said that it was current so i wanted to find out how so, that's when i found out he submitted the payment that friday. What i would like to do is sue for the 16 months of payment i've paid on the vehicle plus misc things that were taken with the car. Which it totals to around 7500 for the payments and misc stuff on the car.

I figured with inconvenience and other damages i could sue for more. But with this situation, I am liable to have a case on suing him for the damages of basically stealing the car when there was no financial issue other than late payment, and only 30 days late? Since he was on the contract he could of contributed to keep it from being that way, however he waited and then submitted the payment in full and i know he has the money to help but he choose not too. Now i'm without a car, a job and no way of getting around efficiently when i need too. Do these actions seem suitable for my case as its presented? I would either like to sue him for damages or make it possible that he pay the next 12 months of the vehicle payment and have the car returned into my possession and at the end i be forced to refinance or sell if i'm not able to refinance.
 
From a legal perspective, you are in a bad place. You agreed to pay for the car, but the cosigner is responsible. You said you were late a few times on the payments which violated the agreement. The bank called the cosigner to settle the debt and he did, but he also retrieved the collateral attached to the note.

Because you did not honor your agreement, you are not entitled to damages for inconvenience or losing your job. If the bank dinged his credit every time you made a late payment, you will be hard pressed to get anything out of the deal.

This falls under civil law, so you could sue him in Small Claims court, but the max dollar amount is around $5000 and there is no guarantee that you would win. If you want to pursue the inconvenience damages, you will have to get a lawyer. You will have to pay around $150 per hour for them to take the case. In the end, if the bank contacted the cosigner because they considered you to be in default, you are not likely to win. Personally, I would hire a lawyer and sue, because the co-signer would probably at least give the car back to avoid going to court. Best of luck.
 
From a legal perspective, you are in a bad place. You agreed to pay for the car, but the cosigner is responsible. You said you were late a few times on the payments which violated the agreement. The bank called the cosigner to settle the debt and he did, but he also retrieved the collateral attached to the note.

Because you did not honor your agreement, you are not entitled to damages for inconvenience or losing your job. If the bank dinged his credit every time you made a late payment, you will be hard pressed to get anything out of the deal.

This falls under civil law, so you could sue him in Small Claims court, but the max dollar amount is around $5000 and there is no guarantee that you would win. If you want to pursue the inconvenience damages, you will have to get a lawyer. You will have to pay around $150 per hour for them to take the case. In the end, if the bank contacted the cosigner because they considered you to be in default, you are not likely to win. Personally, I would hire a lawyer and sue, because the co-signer would probably at least give the car back to avoid going to court. Best of luck.
 
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