How do I sue my ex if we had an auto loan together that went into collections and I ended up paying it off?

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How do I sue my ex if we had an auto loan together that went into collections and I ended up paying it off?

In 2004 we received an auto loan in TX. Both of our names were on it. We paid the first month or two of it and then we moved to another are within the state. I was the only one working so we weren’t able to finish making the payments on the loan. We let it go to collections. In 2008, I left him in TX and moved to NJ. In 2009 I got a job at a bank and they ran my credit. The auto loan showed up and I knew that if I didn’t pay it I wouldn’t get the job. So I paid $2,000. Now I feel that he owes me for that because his name was on the loan as well.

Asked on February 1, 2011 under Family Law, New Jersey

Answers:

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

Answered 10 years ago | Contributor

I am assuming here that you were not married and this was not a divorce that would have addressed the issue of joint debt.  You were boyfriend and girlfriend, correct?  And you took put a loan jointly for the car.  Yes, you are entitled to recoup the money that you paid to satisfy the joint debt.  The creditor had the right to collect it from either of you (called joint and several liability) but each of you had the right against the other to collect if you satisfied the debt alone.  So, if you want you can indeed sue him for the $1,000.  It sounds like a case for small claims court.  But is he still in Texas?  Good luck.


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