I don't know if you could actually file suit against him. It doesn't seem to me that he is actually doing anything illegal or wrong... though it really is putting you at serious risk, in conjunction with the late payments. That said, you really should be able to get your name off of the car, considering that it isn't yours really any more. If the law doesn't allow you to do that, that's really messed up. Have you talked to a lawyer about it? I know that it might cost some money, but really, in the long run, I would think that it would be worth it. I mean, if she keeps making late payments, screwing your credit, or he gets in an accident, all of that would cost considerably more than the attorney bill. My opinion: take this to a lawyer as soon as possible and see what legal steps you need to take to clear yourself of liability for the car. I am sure there is some legal process, though I don't know what it would be exactly. It's just not right that you are in this situation.
The question
I am 11 months into a hostile divorce. Along the way my wife asked for and obtained my vehicle which she had co-signed on the loan for. The court awarded her the car and she has made the payments substancialy late month after month, I tried once to have this issue adressed through the court system but they did nothing. Now she has had it for 8 months and for the last 4 she has given it to her fsther to drive, as his daily transportation.
Recently I have found him in the car at bars, I have continued to ask that she refinance my name off the loan with no luck. I am acting pro-se and she has an attorney I deal with but they wont do anything to stop the problems. The insurance company says they might not cover an accident if the dad is in one, my credit gets ruined month after month, and now I am at risk of having her father get in a DWI accident in the car I am still legally responsible for. A divorce trial is still 8 months away.
My question is, can I take her father to court and stop him from putting me at risk? He has already done damage to the car (Honda Element) and is frequenting bars in it, can I file a suite against him and if so, what exactly would the infaction be? I simply want my name off the loan or third parties not driving it until such time. Thank you
From the LawyerCentral forum archive. Originally posted 9 January 2009 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).
4 answers
I suggest you hire a qualified lawyer. They can help you to solve your case.
I suggest you hire a qualified lawyer. They can help you to solve your case.
I think you must hire a experienced lawyer that definitely going to help you to solve this case.
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