Can I sue ex-husband for an auto loan that I co-signed for andthat he defaulted on?

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Can I sue ex-husband for an auto loan that I co-signed for andthat he defaulted on?

I co-signed an auto loan for him under the assumption it would be paid. I left him due to abuse 3 months after I co-signed. This is on now my credit. I want to know if I can sue him and put a lien on his drivers license so he will pay it? He also accumulated $2070 worth of tickets on this and another vehicle I bought under my name. I know I was very naive and careless. I just hope that I can sue him to make him take responsibility? He also said he filed bankruptcy and feels he does not owe anything.

Asked on June 11, 2011 under Bankruptcy Law, Illinois

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your situation - all of it - but there are more details of the divorce that need to be clarified here.  When you divorced was there any agreement signed as to the car and the distribution of the debt with regards to it?  Did he acknowledge it?  That is the first step to suing him based upon the agreement.  Although the car lender is not bound by it your ex husband is and you can sue based upon a breach there.  As for the bankruptcy, if the car and the loan were not in his name then he could not have discharged that debt.  The ticket issue is tied to the agreement issue.  Get some legal help in your area.  Good luck to you.


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