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Like a dumb ass I bought my ex a car in my name and only my name. When we broke up he pretty much stoped making payments. My credit is ruined and they are about to repo it. I have talked to a lawer before and they said there was no legal way to make him put it in his name, all I could do was get the car back. But I cant afford the payments either. I just want to know if I could sue him after the fact and make him pay the diffrence so I’m not stuck with it. PLEASE HELP!

12 Comments »

1. 

   First, some answers here suggest reporting the car as stolen – do not do that. You are allowing him to operate the car it will be illegal for you to make the claim the car is stolen.

   Second, by "ex" do you mean ex-husband? Or, just ex-boyfriend? Ex-Husband, then there are options. Ex-Boyfriend, live and learn.

   Third, get the car back. How is it titled? Go to where the car is and take it. It is your automobile. You will need to "inventory" all of his personal belongings in the car at the time you take it; but, in most states a "self-help" repossesion is perfectly legal.

   Fourth, once you have the car back, call the creditor, explain the situation and then, IN WRITING (not by phone), make an offer of "title in lieu". That means, you voluntarily surrender the vehicle (give them the title) and they erase the debt. Now why would they do that? Because it costs them nearly $1-2,000 to repo and sell the car. Sometimes they will agree to this because they save and or make money on the deal.

   Fifth, if they will not agree to that, then offer to have the car sold a commercially reasonable amount and ask to have a new payment system for the difference.

   Sixth, bring a small claims action for the full jurisdictional amount against the ex. The claims are: unjust enrichment, breach of contract, fraud and "equity".

   Comment by MagusGreg — October 14, 2010 @ 6:38 pm

2. 

   you should take the car and sell it. let him find his own way around

   Comment by Sara — October 14, 2010 @ 6:38 pm

3. 

   There is not much you can do. You need to get the car from him. Then get a second job and make the payments. You can sell it too. Your other option is to let it go back. It will be horrible on your credit. It is in your name. Legally it is your car, not his, he does not have to pay.

   Comment by atlantaboi3 — October 14, 2010 @ 6:38 pm

4. 

   The rule of thumb is: your name, your neck.

   The car’s in your name, so you can either pay the payments that you agreed to pay when you signed the paper, or you can take the hit on your credit report and lose the car. You probably can’t sue your ex for anything.

   Comment by David S — October 14, 2010 @ 6:38 pm

5. 

   have him return the car to you. if he doesn’t, then report it as stolen. if you have gap insurance, insurance will pay for the value of the car & gap will pay the difference.

   Comment by hi91977 — October 14, 2010 @ 6:38 pm

6. 

   You are stuck with this one.Learn from it don’t let anyone put finances in your name.I think this also will make a marriage better seperate finances.Hi77 is wrong you can report anything stole if you loaned it to them in the first place.Doing that could get you in trouble for insurance fraud.

   Comment by upforitupforitupforitupforitru — October 14, 2010 @ 6:38 pm

7. 

   Take it to judge Judy, unless the car was a gift and then you are screwed.

   Comment by gymfreak — October 14, 2010 @ 6:38 pm

8. 

   Sorry, but no. If you had a written, notarized contract with him wherein he agreed to make the payments, you might have a leg to stand on to sue him, but if not, you’re screwed. And even if you had such a contract, your credit would not be saved, because such agreements have no bearing on the creditor. You signed for the loan, it’s your responsibility. Never trust anyone else to do the right thing, because most of the time they will disappoint you.

   Comment by lil southern girl — October 14, 2010 @ 6:38 pm

9. 

   You can take the car back and sell it. Hopefully you can make some of the money back. But legally you are the one responsible since it is your name on it.

   Live and learn.

   Hi77 – gap insurance generally only comes into play if your car is totaled or you can prove it stolen. As it has been stated she purchased the car for him she would have a hard time proving it stolen even if she does request it back.

   Comment by Hockeyfan — October 14, 2010 @ 6:38 pm

10. 

    No you can’t not do that unless you and him have a written contract.

    You can get physical ownership of the car but still you would have to keep paying for it. When you signed the car papers you took all responsability for the debt.

    Your only way out is to get the car back and give it away to someone with good credit willing to change it to his name and keep on paying the car. Just remeber don’t give the car away without a chage of ownership aproved by the bank that own the debt or you will have the very same problem.

    By the way if your ex refuse to deliver the car you can call the cops or sue him, because the car is on your name. That wont solve the money problem but at least you will have custody of the car. You can try to sue your ex but that would be useless, all he has to say is that the car was a gift from you and show the papers with your signature.

    Comment by Artman — October 14, 2010 @ 6:38 pm

11. 

    I was in the same situation. She wanted the car and didn’t want to pay for it. Free loading , I think it’s called. If you can’t afford it , then sell it and pay back the loan. You can’t make him pay.

    Comment by reinformer — October 14, 2010 @ 6:38 pm

12. 

    it’s in your name…you own it…..it’s yours……call the cops for recovery, cut your losses and sell it. the damage it is done. however, if he has caused damages to it, then you can sue for damages.

    Comment by conan_37398 — October 14, 2010 @ 6:38 pm

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