Can I take someone to court for not refinancing a loan in the amount of time that we agreed?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I take someone to court for not refinancing a loan in the amount of time that we agreed?

Back in January I did the stupidest thing a person could do – I co-signed with my (ex)boyfriend for a car. We broke up three months later and I asked him to refinance the car in June so that I would no longer be on the loan. He agreed to this but now it is July and he has yet to refinance. I constantly keep asking him to do it but he ignores my calls or texts. I have talked to the bank and they said that the only way I can get off the loan is for him to refinance. I was told that a verbal contract such as we had is legally binding. But, obviously, I wouldn’t have any proof.

Asked on July 22, 2010 under General Practice, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You have a claim for breach of a verbal contract.  Although proof is more difficult to bring before the court, it is not impossible.  It is your word as against his and the veracity of the parties will be judges by the court.  You also have a bit of common sense on your side: if you are no longer together and you are no longer receiving the benefit of the car, then why would you want the liability of the loan?  Also, who is paying for the insurance?  That could be a factor that the court can consider as well as where the car is normally parked or stored, who has the keys, etc.  It is not an impossible task. Also be aware that what you want is "equitable relief" and not monetary relief.  So small claims court will be out.  That means that you will have to start a "real" lawsuit.  Ask for fees.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption