Sounds like it would be in your best interest to get the car back (since your agreement with her is null anyway) or have her refinance the car in her name.
Since you're the only one on the car title/loan/insurance then you could find the car and drive it away and she would have little/no claim to it.
It's in her best interest to refinance since otherwise she made all those payments on a car she no longer has.
But, she might not act rationally (women rarely do in situations like this) and she could hide the car, stop payments, and/or damage it. Hurting your credit, and your asset. This is really what needs avoided.
It's hard because if you talk to her about it and doesn't want to refinance then repossessing it later can be difficult.
If you don't then she might try and come after you for the car and drag you into a legal battle.
Really you want to avoid a legal battle, damage credit, crazy ex girl friend attacking you and your property.... so on.
This is why I would still contact a lawyer to figure out the best course of action that will mitigate any future contact with the ex. $200 now to do it right is much cheaper than hurting your current relationship, credit, or 4k if you end up having to pay off a car that was driven off a cliff.
Missed payments on a loan will hurt your credit for very very long time. As will a default or repossession.
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http://www.avvo.com/legal-answers/ca...to-283987.html
" Read the note and/or the Installment Agreement that you signed at the time that you bought or financed the car. These legal documents will tell you whether you have the right to transfer or assign the obligation on the note. My guess is NO. If you start messing around with the documents you might find the lender giving you problems. Also, enforceability will be a problem for you if the do-it-yourself documents are found to be invalid when [not if] the new person starts missing payments.
If you can not afford the car, you might possibly consider either trading it in, or a bankruptcy consultation.
This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies."
I just contacted my lender and they said they do not allow it so the "contract" I made with her was never valid. I told them that I realized recently that what was done was a violation of the initial agreement between me and them but I was looking into rectifying the situation by either having her refinance [psh!] or repossess my car. They said as long as you are able to show that, yes, you fixed the situation and continued with the original agreement then there won't be a problem.Leave a comment:
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I would start with a Contract Law attorney. Since what really happened here was you engaged in verbal (possibly written) contract with your ex. As well as with the bank/financing company.
To mitigate the cost of the attorney you should get all the paper work you can from the bank, and insurance company as well as any 'contract' you have had her sign (if applicable.) Take that with you to the consultation, should cut down the billable time.
I hope you've learned your lesson. I know it sounds like I'm a dick but I wouldn't even co-sign for my brother (who is infinitely more responsible) and I would expect the same from him. Loaning money/credit to friends or family is almost always more trouble than it's worth. It just leads to soured relationships.Leave a comment:
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I don't understand how this could come back and bite me in any way though. Her namr is nowhere near the car. I am the only owner. Hell I have to re-register it! I'm finding it too risky to allow this to proceed. I'm going to get the documentation from the insurance company, contact a lawyer for advice on what to do, contact my lender and tell them I'm changing all billing information and request a police escort to repossess my car. If she tries to take me to small claims I'll argue that the amount of wear and mileage has depreciated the value of the car more than she has paid...I will also press charges for identity theft. Thinking about what her and the guy driving my car put me through while I was living with them ....I don't want to be adult about this .Leave a comment:
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Contact a real lawyer (not a r3v one) so you can actually know the best course of action so that you're not all tangled up with this shit for the next 3 years. It should only be a few hundred dollars and the consultation should be free.
If you're still in school there is often free lawyers/legal advice available to students.
Her using your SSN is a criminal offense. No matter what you do, if you don't do it just right she could lawyer up and end up screwing you over big time.
It's an all around shitty situation.Leave a comment:
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The truly worrying thing is that you have had your ass hanging out waiting to get fucked for so long and just realized it. You have to contact her and talk about like adults, figure out what you can do, $4k isn't that much to refinance even on a personal line of credit, under her name of course.Leave a comment:
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New development:
I just contacted my insurance provider and asked them if I had 2 policies using my name and social security number. Had a hunch the insurance was under my name, since it has to or it will be in violation of the financing agreement and will be repossessed. She used my name and social to put my name on an insurance policy for the car without my consent.Leave a comment:
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how much can she still owe on this thing anyway? Make her pay the fucking thing off.
If she has paid the whole time on it I wouldn't try and take it back. But I also would never leave a loan in my name without actually owning the car. I would threaten that she needed to refi or I would find an attorney to make her give it back (without the intention to do that).Leave a comment:
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