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.
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.
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.