Need legal advice!!!
#12
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I had a quick discussion with Legal Aid (PA in US).... She has no "legal standing" as co-signer regarding your asset, if it is titled to you alone and payments are up to date, and she was never contacted by the bank because you were delinquent. (That'* completely missed payments, not late payments)
Now the only sticky wicket is this 'Ex" business. Was she a girlfriend, live-in girlfriend, or wife?
Alot of states are the same on this if she was your wife. In PA, if the divorce is settled, she can't come back and say "Oh, and I want that car, too." She can come back, if you did not declare it as an asset for the divorce proceedings. (Highly unlikely) She can also come back if you become a rich rock star, but that would be for support and her position would be highly tenuous at best.
Laws for live-in girlfriends are all over the place if she reached a "common law" amount of time with you. For the most part, you don't want to live in CA or NY for this.
Disclaimer: This is info from a paralegal in PA in the US. YMMV in Canada.
Now the only sticky wicket is this 'Ex" business. Was she a girlfriend, live-in girlfriend, or wife?
Alot of states are the same on this if she was your wife. In PA, if the divorce is settled, she can't come back and say "Oh, and I want that car, too." She can come back, if you did not declare it as an asset for the divorce proceedings. (Highly unlikely) She can also come back if you become a rich rock star, but that would be for support and her position would be highly tenuous at best.
Laws for live-in girlfriends are all over the place if she reached a "common law" amount of time with you. For the most part, you don't want to live in CA or NY for this.
Disclaimer: This is info from a paralegal in PA in the US. YMMV in Canada.
#13
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Well we haven't actually lived under the same roof for the last 3 years. We did at one point have a house together, before we moved out of town, then we had an apartment. But for the last 3 years we have lived apart until we could buy another house, that never happened. We were engaged but never got married.
When we split up, I gave her the Bonneville ( signed over the title to her) and she gave me the motorbike that was never put under name when it was bought earlier in the year. I also gave her a 1970 Dodge Fargo power wagon that she wanted and I didn't plan to do anything with.
As for the rest of the belongings that are still in storage at my place, include and stove, a washing machine, furniture dishes, etc... Basically I only plan to keep what is mine ( possessions) but as for the furniture I am giving it to her. She did pay for most of it while I was paying for the mortgage on the house and for most of the rent when we lived out of town.
When we split up, I gave her the Bonneville ( signed over the title to her) and she gave me the motorbike that was never put under name when it was bought earlier in the year. I also gave her a 1970 Dodge Fargo power wagon that she wanted and I didn't plan to do anything with.
As for the rest of the belongings that are still in storage at my place, include and stove, a washing machine, furniture dishes, etc... Basically I only plan to keep what is mine ( possessions) but as for the furniture I am giving it to her. She did pay for most of it while I was paying for the mortgage on the house and for most of the rent when we lived out of town.
#14
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That'* the funniest thing I've ever heard! Anyone who believes they can co-sign and take a car from the OWNER is NUTS! Whoever told her that is a As everyone already said, you have nothing to worry about Mike.
Crazy ex'*..had my share. One tried to take my first Bonne or at least get money for it when I broke up with her.
Crazy ex'*..had my share. One tried to take my first Bonne or at least get money for it when I broke up with her.
#16
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I hate when women try to milk the guy for everything or hang **** over their heads. It PISSES ME THE **** OFF!!!
Anyway, I dont want to take it further than that, or else I would probably be looking at a ban, but heres some info I found about co-signing laws and links within that may help you even further. This is for Canada.
http://www.cba.org/BC/public_media/credit/248.aspx
Anyway, I dont want to take it further than that, or else I would probably be looking at a ban, but heres some info I found about co-signing laws and links within that may help you even further. This is for Canada.
http://www.cba.org/BC/public_media/credit/248.aspx
#18
Originally Posted by sse1990
I just want to make sure I sever all ties with her. One good thing is that I have all HER stuff in storage at my place so if she wants to play that way, then I will have a HUGE yard sale and she can pay me top dollar to buy her stuff back, lol. Actually anyone that knows me, know that I would never do that.
Possession is 9/10th'* of the law. Have a yard sale anyways
#19
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I got a reply email from JimW and he confirmed what everyone else said, she has NOTHING to go by. As for my 12K, I can take her to small claims court to get back a maximum of 10K, or supreme court for the 12K. Even though we don't have a witness on that document, I found an original document written in HER hand writing which was what I used to make the actual document, so in that respect it is way better than nothing.
#20
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Quick update. I called her this morning to inform her that she has NO legal rights to my car and that the document she signed that she said was NOT legal may still stand up in court. Well lets just say she was pretty pissed. She was saying that she didn't wanna get lawyers involved and that she doesn't like being threatnedetc... I told her that after the comment she told me about taking my car, that obviously she was thinking about it and I wanted to cover my ***. I also informed her that if I miss a payment they can take it out of her account without her even knowing.
She now knows that whatever she thought she had, she doesn't. As for that 12K, I know that she would drag it out in court for as long as it took, she said she will drag it out for 10 years if she has to, and that she was only doing that because she was trying to help me out and it was voluntary to give me the $$$ lol. But I reminded her that she signed a document saying she would pay me the money so she is stuck now.
I have already written off that 12K but I was mostly worried about the car.
She now knows that whatever she thought she had, she doesn't. As for that 12K, I know that she would drag it out in court for as long as it took, she said she will drag it out for 10 years if she has to, and that she was only doing that because she was trying to help me out and it was voluntary to give me the $$$ lol. But I reminded her that she signed a document saying she would pay me the money so she is stuck now.
I have already written off that 12K but I was mostly worried about the car.