Riverside, CA asked in Bankruptcy and Contracts for California

Q: I want to know if I can sue somebody for breech if contract. I co signed but ended up in front and he returned the car

I co signed but ended up in front and we agreed on refinancing the car to get it out of my name and without my knowledge he voluntarily surrendered the car. Now he does not want to pay the collection bill , it was 8000 I called the finance company and lowered it to $4,500 and monthly payments of $250 And he still doesn’t want to pay it. He’s wants to claim bankruptcy since he has no responsibilities. I have a baby due in August, I’m beyond stressed and it’s ruining my credit.

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2 Lawyer Answers
Harlene Miller
Harlene Miller
Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: This is not really a bankruptcy issue - other than the fact that if he filed bankruptcy, he can list you as a creditor and seek to discharge his potential liability to you. If that occurs, then I can assist you in discussing what might be done. Otherwise, you can look into filing a small claims lawsuit against him. You don't need an attorney to do that and the Riverside court will have forms for you to complete. You can also search online about how to do it.

1 user found this answer helpful

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: If he files bankruptcy and it is discharged, you will not be able to sue.

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