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He could.. but he probably won't win. Being a co-signer means you agree to be responsible for the payments if the primary defaults. Co-signer knowingly agrees to these terms and takes the risk that he/she may have to actually pay up some day.

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Q: If one co-buyer does not have a job and deferring payments and not paying on time can the other co-buyer take him to small claims to gain control of the vehicle and take over the contract?
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