Jacksonville, FL asked in Contracts for Florida

Q: I had co sign with an ex for a car and he signed a promissory note that if he falls behind that I can sue him...

Well he fell behind and the bank wants the car repo and they are calling me. I told them that I am not the driver /owner. When I spoke to "the ex"he said that he was going to return it but never did. Can I sue him because I have his signature and will my credit not be affected if I win the case?

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1 Lawyer Answer
Douglas J. Shumway
Douglas J. Shumway

A: Contractual obligations are not generally negated by you entering into a contract with another person to satisfy the obligations from the first contract. In order to have obligations shifted or removed the original parties must agree to such (often in writing) because otherwise the party to the original contract can still make demand upon the other party for any non-performance. That doesn't mean that you can't sue your ex and try to recover whatever damages exist from the bank coming after you, but the bank doesn't necessarily have any obligation to act in a certain way simply because you and your ex agreed to act in a certain way. In any case, you should seek advice from a local attorney who can analyze your specific situation and provide you with specific answer. This foregoing answer is provided by Douglas J Shumway, Esq.: (801) 478-8080. The answer provided is not intended to form an attorney client relationship and should not be construed as legal advice. Mr. Shumway is licensed only in Utah. Mr. Shumway's law firm has offices in Salt Lake City, San Antonio and Las Vegas.

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