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

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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 11 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.


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