Deadbeat Aunt - A cosigner's regret

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danheinz

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Location: Antioch, Illinois

In October 2006 I cosigned on a loan for my aunt. I cosigned on a bare bones base '07 Chevrolet Aveo. My aunt has awful credit, and I was young (22) and just reestablishing my credit after having my identity stolen when I was 18. My aunt approached me with a sob story and I decided to cosign and help her out and more importantly my cousins. She made the first two payments on time and since then it has been a downward slide. She continued to make payments late , before the 30 day mark so it wasn't crushing my credit. I would constantly call her and berate her to make her payments. I would also show up at her house and remind her that she was not making her payments when her phones were shut off. (classy i know)

In late '08 she lost her job when her employer went out of business and then she let two payments go past 30 days. This crushed my credit at the worst possible time because the credit card companies were tightening their purse strings. I lost my American Express Card and WashMu/Chase credit card instantly. My credit was perfect, I paid AmEx in full monthly and carried a minimal balance on the chase to keep my credit expanding. I even was pre-approved on my own car loan for 0% financing (April '07). She got another job and they went out of business instantly. I continued to follow up and make payments and even made a payment for her on one occasion to avoid the 30 days late mark.

My grandmother (her mom) passes in may '09 and she gets an inheritance and it's placed into a retirement account. She continues to make payments late with the help of unemployment money.

FFwd-> December '09. She leaves the state of Illinois, (for Florida) breaks her lease on her apartment, pulls her kids out of school the whole 9 yards. I have had to make the last 4 car payments for her at $470 a pop. Jan, Feb, Mar, April. I was able to get a phone number and address for her but once I called she hung up and had the number changed 3 days later. As far as I know she's still unemployed and living off the inheritance. She claims she isn't but, I doubt that. I have minimal contact through her 16 year old daughter via text message and Facebook. She has been instructed to not even talk to me anymore by her mother.

I have gone to the police, and they said there's nothing I can do. I was hoping there was something i could so with reporting the car stolen. Since she left the state with the car. Or a missing persons report... Nothing.

I am the first line on the title and she is the second. I know I am responsible for the money. However, I want her to pay me back, pay off the car and if possible I want something for my stress and the garbage I've had to go through.(wishful thinking) She probably still has some of that inheritance money and I just want her to pay it off and I'll leave her alone.

ok that's the back story, Here are my questions:

1.) Without a ton of money for a retainer is there a way I can approach a lawyer for a civil suit? Where they can get a high % and I get the car paid off?

2.) Is there a technicality I may have missed that I can have her criminally charged?

3.) I have had the idea to get a key made for the car just picking it up myself in Florida. Since it is my car. However, I have a friend in law school and he said this is the last thing I should because then it essentially erases all responsibility for her. True or False?


I know this post is extremely long and detailed. I hope this was beneficial to my cause and didn't take away from it. Thanks for your thoughts in advance and patience in reading this.
 
You can repossess the car.

Or, you can wait for her to miss enough payments for the "repo" man to take the car.

Either way, your credit is ruined.

She has demonstrated to you that she is not going to be responsible.

Yes, you can hire a lawyer.

That, however, is going to cost you more money.

The law can't touch her retirement account.

She's in Florida.

Next to Texas, Florida is a debtor friendly state.

That is why she moved there, other than the weather.

Your cheapest solution is wait for the "repo" man to call and do his thing.

The bank will sell it at auction.

You could then pay off the balance, because she sure as heck won't.

You could have a lawyer sue her, but you'd only be out if pocket for another $3-5,000 and have a judgment that you'd be hard pressed to collect.

I feel you, but don't know what else I can suggest that would put money in your pocket, legally.
 
I want to avoid this, to avoid ruining my credit. This is 1000% worse than having two late payments on my credit history.



You can repossess the car.

Or, you can wait for her to miss enough payments for the "repo" man to take the car.

Either way, your credit is ruined.
 
danheinz said:
I want to avoid this, to avoid ruining my credit. This is 1000% worse than having two late payments on my credit history.

Realistically, isn't that where this is headed?

She's going to ruin your credit unless you make all the remaining payments.

You could then sue her for the balance and try to enforce a judgment that you would win.

You might never collect a dime, but she wouldn't ruin your credit.

There also is the issue of financial liability if she has an accident and seriously injures simeone.

You'd be on the hook when she got sued as an owner if the vehicle.

By paying off the debt, that risk is eliminated, because you could also ask the court to remove your name from the title.

Or, you could sign your rights away, to eliminate your potential financial exposure!
 
Realistically? I can pay it, I don't want to. Why would I have it go to repossession? I want her to pay, she has the money in account that she "won't touch". She doesn't want to pay the taxes to draw it out of the account. That's my issue. I need a court or lawyer to help me lean on her to pay it.

I am here seeking legal advice. My questions all pertain to the legal aspects of this.
 
danheinz said:
Realistically? I can pay it, I don't want to. Why would I have it go to repossession? I want her to pay, she has the money in account that she "won't touch". She doesn't want to pay the taxes to draw it out of the account. That's my issue. I need a court or lawyer to help me lean on her to pay it.

I am here seeking legal advice. My questions all pertain to the legal aspects of this.


I gave you legal advice.

In Florida, she can't be forced to pay most judgments.

Florida is a debtor friendly state.

Florida exempts many things a person owns from being taken pursuant to legal process.
 
sorry if my last post was harsh. I'm not sure if you edited your post or what happened. However when your last post came up, this is all it said:

"Realistically, isn't that where this is headed?" then your signature

Thank you for your reply. Would I have to sue her in Illinois? Since that is where the deal was signed? Or Florida since that is where she is? Is she considered a citizen of the state of Florida after only being there for 4-5 months? Or is that irrelevant?
 
danheinz said:
sorry if my last post was harsh. I'm not sure if you edited your post or what happened. However when your last post came up, this is all it said:

"Realistically, isn't that where this is headed?" then your signature

Thank you for your reply. Would I have to sue her in Illinois? Since that is where the deal was signed? Or Florida since that is where she is? Is she considered a citizen of the state of Florida after only being there for 4-5 months? Or is that irrelevant?

You can't sue her in Illinois, because how would you serve her?

She has to have notice of the suit.

If you sue her in Florida, the end result is the same a piece of paper.

You'd get the same thing in Illinois a piece of paper.

Suing her won't get you your money.

She's a Florida resident the day she set foot in the state with the intention of living there.

As long as she's in Florida her stuff can't be touched pursuant to legal process by private party.

If the debt us for child support or owed the government, they can compel her to pay or seize her money.

Think about OJ.
He owed $30 million and they couldn't touch his retirement or his stuff.

Florida and Texas are pretty much judgment proof.
 
Do you think I have a chance at receiving any sympathy from a judge since she left the state without telling me and she's been avoiding me like the plague? It is ultimately the Judge's decision right?

So I should basically take the car, on my own. Pay it off and eat the loss. {insert profanity laden rant}
 
Do you think I have a chance at receiving any sympathy from a judge since she left the state without telling me and she's been avoiding me like the plague? It is ultimately the Judge's decision right?

So I should basically take the car, on my own. Pay it off and eat the loss. {insert profanity laden rant}



The judge cannot go outside of the law...even if s/he is sympathetic to your plight.


AJ is spot on with what he's said, I'm afraid.

Like he, I feel for you - but there is really not much you can do other than pay it yourself.

Bottom line is that even if you sue and obtain a judgment, you are not going to be able to collect.
 
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The judge cannot go outside of the law...even if s/he is sympathetic to your plight.


AJ is spot on with what he's said, I'm afraid.

Like he, I feel for you - but there is really not much you can do other than pay it yourself.

Bottom line is that even if you sue and obtain a judgment, you are not going to be able to collect.

Alright looks like I'm headed to Florida to pick up my car. If anyone else has anything else to add feel free.
 
danheinz said:
Alright looks like I'm headed to Florida to pick up my car. If anyone else has anything else to add feel free.

Be advised, she could make a scene.

Unfortunately, for YOU, her name is on the title. This is the part you will hate. The police see such conflicts as civil matters. However, if the car is on her property, you'll be trespassing.

She can try and stop you when you take the car. She can also claim the car is stolen after you take it. You might get stopped by the police and hassled.

In most jurisdictions, when the "repo" man takes a car, he informs the local police before he snatches it.

That way, they don't take a stolen car report.

Be careful, as self-help legal remedies often end with tragic results. Stealth is your friend, along with execting your self-appointed duties under the cover of 2:00-3:00 AM darkness!!!
 
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