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on Aug 7th, 2012 and filed under
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My husband and I are currently separated. I had possession of a leased Chevy truck that I had financed and he had co-signed. I lost my job and could not afford the payments. I missed 2 payments and gave him the truck (he wanted it, he had no vehicle) He is now threatening to sue me for the 2 back payments. Can he do that?
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Yes, he could take you to small claim court. What’s fair is fair….pay your debt
It depends on what the agreement was of he agreed to take the truck since he needed one and you could no longer afford the payments, he cannot sue. But if you had no agreement and failed to pay those payments while the truck was still in your possession then he can very well sue. The only way he can not either way is if the statutes of limitations are up.
No, but the company that you have it leased from can take the vehicle back and will if the payments aren’t made. If you don’t make the payments they may try to collect from your husband since he is on there as a cosigner.
This is going to affect both of your credit and will show up as late payments and eventually a reposession. I suggest calling the company that you have it leased from and see what you can do to work it out to keep the vehicle.
If your husband wants to keep it then he needs to make the payments and if not they will just take it back and he will have to lease another if he can after having that on his record.
i agree with abc, with the addition that if he does sue, you could always say you had the verbal agreement that if you gave him the truck, he would forgive the 2 payments he made. Ya never know what you can get away with.
Was the truck signed over to him? Or did you give him the truck on verbal terms? If you financed and he only co-signed and you are now in bad water, than yes he can come after your for the two back payments since the vehicle is now in his possession and the finance company will come nocking on his door.
Call an attorney. After losing your job, I would have just given him the truck and let him worry about it.
Yes he can. Both of you were on the lease so both of you are responsible. Just handing over the car to him doesn’t fix the problem. The lease still has payments due. If it gets repoed then both of your credit is affected.
you can sue someone for darn near anything, it would be in small claims court…..whether he would win or not is a different story……don’t worry about it…he’s being a bully, let him sue you if he so desires….