If I co-signed for my ex but he stopped paying the car loan and now my wages are being garnished, can I get the car from him since I’m now paying it?

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If I co-signed for my ex but he stopped paying the car loan and now my wages are being garnished, can I get the car from him since I’m now paying it?

Asked on November 5, 2011 under Bankruptcy Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Good question. Unless you have a separate agreement with your "ex" that if he stopped making the car payments that you co-signed for and you ended up making the payments, you cannot get possession of the vehicle unless he agrees to this.

Since you are now having your wages being garnished as a result of a judgment resulting from the loan you co-signed for him, you can bring an action against him for monies that you are paying to the judgment creditor. I suggest that you consult with a contracts attorney about this suggestion.


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