I am no longer in a relationship with my ex. I co-signed for a 2015 Chevy Silverado in 2018. I have text messages and emails asking him to refinance, he is refusing. If I get a small claims attorney what are my chances of the judge issuing him a court order to refinance? I do not have access to the car at all, he will not let me use it and I do not even pay on it. I would like the debt off my credit as I am in the process of restoring my credit so I can purchase a home.
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14For anyone reading this in the future: This question illustrates why we say, “Don’t co-sign a loan for anyone.”– Ben MillerCommented Sep 3, 2020 at 11:28
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2Is your name on the title? You could use that as leverage by refusing to let him sell the car in the future. Have you called the bank to see if they will take your name off (it's a long shot, but might be possible).– D StanleyCommented Sep 3, 2020 at 12:39
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3What was the reason you co-signed in the first place? Was it to get him a lower interest rate, or was it because he wouldn't have been approved without it? In other words, are you sure he can refinance without you as a co-signer?– TTTCommented Sep 3, 2020 at 15:32
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1I don't think a judge would order a refi, but even if they did, the judge can't order a bank to give him a loan.– TTTCommented Sep 3, 2020 at 15:34
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Contacting your bank and asking them if they can remove you is good advice, as @DStanley suggests. In a perfect world, 2 years of (on-time?) payments combined with the ability to repo the car would reduce the risk enough that they would agree to remove you.– TTTCommented Sep 3, 2020 at 15:47
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2 Answers
If I get a small claims attorney what are my chances of the judge issuing him a court order to refinance?
If this is the United States then there are no attorneys in small claims court. It is also unlikely that the judge in small claims court would force a sale of a persons transportation. It could leave them unable to get to work.
One option is to facilitate the refinancing by you adding cash to the transaction so that the new loan can be afforded without you having to be a co-signer. That costs you money but gets the loan off your obligations quicker.
It is possible that they can't refinance due to their entire financial situation without needing a cosigner.
answered Sep 3, 2020 at 10:00
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1I like your solution. "Here is some cash to refi"... awesome motivation.– Pete B.Commented Sep 3, 2020 at 10:20
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He will not refinance at all. He pays $835 per mo for his truck. You would think he would try but not refinancing to spite me. So if I take him to court, how likely will the judge issue him an order to refinance? Commented Sep 3, 2020 at 10:38
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5OP - You seem to be hung up on taking it to court to force him to refinance. What legal basis do you think the court would have to force him to refinance. A co-signer agrees to make the payment if the primary borrower fails to make payments. You may not like being a co-signor now, but it is what you agree to when the truck was purchased. From the loan perspective, noting has changed. Commented Sep 3, 2020 at 19:18
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"If this is the United States then there are no attorneys in small claims court" is a false statement. Some states allow them.– D MCommented Nov 19, 2023 at 2:54
It's highly unlikely that a judge will force him to refinance the loan. You signed a contract that did not require you to be in a relationship with him, so nothing of significance has changed regarding the loan.
Honestly, the loan shouldn't be hurting your credit. Only bad uses of credit are significantly harmful, so as long as there are no missed payments it may actually be helpful.
If you cannot convince him to refinance, your next best bet is to hope that he continues to make timely payments. Over time the balance will go down and it will be less of a drag on your credit.
answered Sep 3, 2020 at 12:40
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The loan could prevent him from getting a home loan if his income isn't enough to pay both the car loan and the home loan.– KatCommented Sep 4, 2020 at 2:18