legal advice

[rabbit222]

I have a couple of questions that i hope someone can answer for me on here..

Last year my fiance wanted a new car. She couldn't afford the payment on the one she wanted so I told her that I'd take over her bills and rent so that her income could be freed up to pay for a new car.

We were living together, had a wedding date set and all that good stuff... so it wasn't like we were just starting to date or anything..

So i paid all the rent and all her bills so she could get her new mercedes. For her part of this, she told me she'd cosign on a new atv for me over the winter as long as i made the payments on it. I couldn't get approved on my own because of some credit issues..

so, she cosigned for me and we got two new fourwheelers and ive been making the payments on them. She bought one in her name and cosigned for me on mine.

a few months after this, i caught her cheating on me and I left her... she hates me now because i told her friends about it and they were all mad at her too.. so to get me back, she is telling me that she is taking my fourwheeler away because its hers..

can she do that?

My name is on the paperwork too..i make the payments on it, bought all the accessories for it, all that stuff..shes never paid a dime on it but now she wants it back so she can sell it and keep the equity I have in it (~$2000)..

What are my options? Do i have to give it to her because she co-signed? that doesnt seem fair because im not going to make the payments on it if she has possession of it and im afraid she wont make the payments either and it'll screw up my credit..

i think that i can just keep making the payments and keep it and she can't do anything about it because we both have to agree to sell it, but she said that she is going to report it stolen if i don't bring it back to her.


what should i do??

[quads14589]

i wouldnt kno what to do tho but what kind of machine r they?
?

[rabbit222]

hers is a trx400 and mine is the trx 450r

she took hers back and is making the payment on it, its in her name so i dont care about it.. but i dont want to lose my baby just because my cheating ex decides to be a *****..

[Greg Z]

you guys were never married right?

no she cant take anything away from you thats that..

unless there is SUBSTANTIAL proof that this ITEM is hers... and it isnt.. all the paperwork is under your name, you rode it, you have old credit card records under your name of you buying parts for it, and all this proof that its yours..

Id say dont worry about it.. and if she decides to take you into court for it.. then shes just wasting her time and money...

[blasteracer24]

do what you tihkn you should do......then get rid of the body..

[quads14589]

if the quad is in ur garage then chain it to a tree or somthin.

[rabbit222]

Originally posted by Greg Z
you guys were never married right?

no she cant take anything away from you thats that..

right, never married, but her name is on the loan papers and bill of sale, along with mine.. it has her name "and/or" then my name..

so if the cops show up saying i stole it, can i just show them the loan papers with my name on it also ?

[Greg Z]

yep check what els I wrote I edited it.

[wvspeedfreak]

No,she cannot legally take your quad.You are the the one that took out the loan on it and she is just the co-signer.The only way she comes into play is if you default on the payments then she would assume them.

[rabbit222]

greg, thanks...my concern is that since there is still an open loan on it, that she could somehow have the legal right to it..


i think that when you co-sign, all your doing is guaranteeing the loan, right? you're not actually purchasing it yourself or have any ownership of the item, is that right?

god this is stressful..i just dumped like a grand into a new trailer for it too..

[Greg Z]

co-sign she cant do nothing she didnt put a dime into it so she really cant say its hers... and her name on the bill of sale means nothing really either...


if anything and this does get out of hand call up the guy/dealership that you did buy the quad from and tell him to tell the authoritys what happend... as in who actually bought the ATV.

go smash her benz and tell her to fu-ck off

[quads14589]

with a sledge yaaaaaaaaaaa

[Lax]

I dont know if it would work, but ask a lawer if you can get the money back from you paying her rent? Do you have a reciept or something for the payments?

As Judge Judy says, you need everything in writing.

[TheX1992]

As far as I know, a co-signer is just like a backup. If you don't have good credit, the bank wants a co-signer just so they are sure they can get their money. Now if you stopped making payments and she made some, then you might have a problem. She was nothing more than just a backup source of money as far as I'm concerned.

[DieselBoy]

Who's name is on the ownership? If it's your's your golden. On the other hand, if it's hers...you are **** outta luck.

Unless of course you tried it in court.

[antman]

take her @ss to court... if you got everything documented and have all the paperwork you could get your quad , the money you gave her for her bills , and the sadisfaction of getting ever for the **** she put you through!

[CHAR250R]

The co signer pays the note if the original debtor fails to pay. If you are the original debtor, and your ex is the co signer, if you fail to pay, she has to pay. If you don't pay, and she doesn't pay, the bank will attempt to reposess the atv. Both your credit, and your ex's will be ruined. As long as you continue to pay for the note, everything will be OK. The atv you own has your name on the title? If so, you're golden.

[SGA]

Man that girl reamed you big time with no vaseline.

Talk with the dealer about who owns it, maybe a lawyer too.

Hell go talk to a lawyer, this girl deserves to get what she has coming and you've been WAY too nice about it all.
Im sure she and her current BF are laughing about you right now.

[popo]

Originally posted by rabbit222
right, never married, but her name is on the loan papers and bill of sale, along with mine.. it has her name "and/or" then my name..

so if the cops show up saying i stole it, can i just show them the loan papers with my name on it also ?

It's a civial issue and has nothing to do with the Police.

[wilkin250r]

Really, it depends on several things.

First off, what type of loan was it? On a typical car loan, the bank holds the title to the car until it's paid off. However, an ATV is a different story, it can go either way. Sometimes the bank holds the title, sometimes they simply extend a "personal loan", in which they go ahead and release the title to you, and simply rely on your good word for repayment.

If you have the ACTUAL TITLE, free and clear with no lein, you might be able to get it transferred into your name only. It depends on what the title says. If it says "OR", you could get it transferred to your name only. If is says "AND", then you need her signature. While that might sound unfortunate, look oat the flipside. It works both ways, if it says "AND", she can't sell it without your signature, either.

If the bank still holds the title, I don't think there is much she can do. I don't believe the cosigner can remove the original debtor and cancel the loan. The WORST that could happen is she requests to have herself removed as the cosigner, and you would be forced to apply for a new loan on your own. In either situation, it only applies to the loan, not the actual quad and ownership. There is no way she could take the quad from you.