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5 YEARS AGO MY BOYFRIEND (AT THE TIME) AGREED TO HELP Enterprise GET A LOAN ON A CAR. AT THE TIME I DID NOT HAVE GOOD CREDIT BECAUSE I WAS ONLY 19 YEARS OLD.. SO THE DEALERSHIP PUT HIS NAME Enterprise PRIMARY AND MINE Enterprise CO-SIGNER. I HAVE INSURED, PAID THE PAYMENTS, AND I EVEN PAID FOR THE REGISTRATION, SINCE DAY 1. SINCE DAY ONE WE AGREED IT WAS MY CAR. WE HAD ALWAYS PLANNED TO TAKE HIS NAME OFF THE TITLE AND LOAN. NOW, THAT I WANT HIS NAME OFF THE LOAN AND TITLE HE IS BLACKMAILING ME. HE THINKS, HE HAS PAID PAYMENTS ON THE CAR 6 TIMES AND THAT I OWE HIM AT LEAST $700.00 BECAUSE OF IT. HE ALWAYS TOLD Enterprise HE WOULD NEVER TAKE IT FROM ME, AND HE THANKED Enterprise FOR BUILDING UP HIS CREDIT SCORE... I WAS WILLING TO REFINANCE JUST TO GET HIS NAME OFF.. I WENT THROUGH THE WHOLE PROCESS, HE JUST HAD TO SIGN AND THEN I WOULD BE ABLE TO CLOSE. HE WAS ALL FOR IT BUT WHEN HE GOT THE PAPER WORK FROM THE BANK HE IS NOW REFUSING TO SIGN WITHOUT Enterprise GIVING HIM CASH. I WOULD LIKE TO TAKE HIM TO COURT. DO I HAVE A CHANCE THAT THE JUDGE WOULD GRANT Enterprise THE TITLE SINCE HE WAS UNABLE TO PAY FOR THE CAR AND SINCE ITS BEEN Enterprise MY POSITION THE WHOLE TIME?. HE HASN'T EVEN LIVED Enterprise THE SAME STATE WHERE THE CAR IS FOR THE LAST 3 1/2 YEARS IF NOT LONGER. BOTH NAMES ARE ON THE TITLE SO I KNOW THAT ITS 50/50 OWNERSHIP. BUT HE HAS FAILED TO COMPLY WITH PAYMENTS AND OWNERSHIP. I JUST WANT TO KNOW IF I CAN HAVE MY CAR WITHOUT HAVING TO PAY HIM AND IF THE JUDGE WOULD GRANT Enterprise THE TITLE OF THE CAR?
I did call my local combined court to file a small claims case. They told me since im not collecting money I cant not file a small claims case. I saved all the text messages that we exchanged about the subject, including him saying he wont pay without me paying him $700.00. I also have proof of payments I even contacted my bank to send me a copy of payments from day one. The car is not paid off yet. I was just hoping to get his name off before its paid off. I have learned my lesson.... Do not trust anyone but your self and DO NOT ask for favors that can bite you in the butt. Thank you everyone for the advice :)
** sign without payment from me. I understand the co-signer part, but im more then a co-signer im a co-owner. If the car was paid off and he tried to take it and sale it, he would need my signature just has much as I would need his to sale it. That's why im asking if I could legally have his name removed by a judge since he does not pay or have the car in his possession. I also understand that we have to sign papers but my problem is he is refusing to sign anything. He does not want the car, he wants cash.
I have text messages saying he was going to sign... isn't that enough? If my questions are so ridiculous..then please explain to me what I should do..give him the car so he can allow it to get repossessed? If that was to happen, then Mine and his credit score would drop..Do I allow him to refinance it on his own, that way my name is off the title and I just lose out on all that money I put towards the car the last 5 years? Do I pay him the money he wants to sign the paper? If I truly wasn't confused I wouldn't be on hear asking questions. Sorry you may think its a ridiculous question..it was only my second car ive ever had in my name and I never knew he would do this. I also did not hold a gun to his head to help me get get the car. Its a hairy situation for both sides. I just thought people would know more about this because people are always having co-signers and co-owners........
If there is some kind of Legal Aid Society or similar organization in your town you might try them for advice. You could try selling the jewelry and combining that with the $200. It might add up to $700. The actual value of the jewelry may be much less than $2000. You are willing to give up the jewelry anyway, so you should try to get something out of it. Being in 2 different states, complicates enforcement of any agreement for both of you. Do not send him any money, anything else, until you have his signature on a document giving ownership to you. It is obvious that he cannot be trusted. Again, see if there is any legal aid or other group that will not charge or limit charges to ability to pay.
First. You need to learn some computer etiquette. All caps is shouting. Please don't shout at us. You both need to go to your local DMV. You both need to sign the back of the title and the you need to register the car in your name only. There will be a title and registration transfer fee. Since the other person's name is on the title the other person should not need to pay any sales tax during this transaction. You can take this person to small claims court if he refuses to sign. You need to have documentation proving that you made all of the payments. Your word is not good enough here. If you can prove that you made all of the payments you should win. Something else. Do you have proof that he wants money for this? If you can prove this, tell him that you are going to contact the police and have him charged with extortion. If he fails to comply, follow through with your threat. Last. Learn from this, I bet you have. Even though you were in love at the time, it is NEVER a good idea to enter into a transaction like this. Things change and when they do, things usually get ugly.
It costs money to sue and a judge might just dismiss the case because its ridiculous. Judges decide REAL disputes, not nonsense like this. Unless you have a written contract signed years ago, you don't have any evidence. And a judge isn't going to just agree with you because you say so. If you didn't want the car in his name, nobody put a gun to your head. If you have a contract saying he would give the car to you, then you have a case. --------- Lets assume you spend the $75-195 to file in small claims court. The judge will listen to both parties & decide who is more credible and he will rule accordingly. Lets further assume that he rules in your favor for say $2000. Great., You won. Celebrate. When you sober up. Ask yourself how you intend to collect your judgment ? Going to hire an attorney to put a lien on his house ? Why not just offer the guy a few hundred to sign ?
Sue him for all of the payments you made, the registration you paid for and any other charges you have incurred. This can be done in small claims court and then if you get a judgment you can use it as a negotiating tool to have him sign the release. Good Luck
If you are the co-signer, the car is rightfully yours until paid off, look at it this way, If you we're my girlfriend, we want a car, I am the buyer, your are the co-signer, if I or you don't make the payments, they go after you, not me and garnishee your paycheck, If I pay off the car and it is in my name, I outright own it without further partial ownership by you.