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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33762
Experience:  Attorney with 15 years experience in various consumer protection areas
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I am currently listed first as a co-buyer on a vehicle with

Customer Question

I am currently listed first as a co-buyer on a vehicle with my ex. I recently found out he has not been paying the car note and does not have insurance. He has since disappeared and I don't have any way to get the car back. I paid the down payment and we had a verbal agreement that if he didn't pay that I would take the car back. Now I'm afraid to do it on my own without legal advice.
JA: What state is this in? And how old is the car?
Customer: NM and the car is a 2013
JA: Have you talked to a lawyer yet?
Customer: No, I was waiting on information from my lender and the car dealer to show my name on documents. I just recently put insurance on it in my name and paid for the registration online.
JA: Anything else you think the lawyer should know?
Customer: The loan says Miranda Mae Schenck OR Joshua A Wilson
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Consumer Protection Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Consumer Protection Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Are you listed on the title or registration as a co-owner? (not the loan...that isn't important)

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Do you know where the car is?

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thanks

Barrister

Customer: replied 5 months ago.
It is being financed so has my borrower on the title, but when the loan is paid they would send the title and it would only be my name on the title. T
I sometimes see him at his mothers residence and that is as recent as a week ago. I don't think he is allowed to leave the city because I believe he is on probation.
Expert:  Barrister replied 5 months ago.

Ok, then if you are on the title you can repossess the vehicle any time as long as you don't breach the peace when doing so. So that means do it quietly at night if possible. You can simply have someone drop you off, take the vehicle, and drive it away to a secure location. If you don't have a key, you can take the title to the local dealer and they can make a key based on the title. If you don't have a title you can request a duplicate from the DMV.

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thanks

Barrister

Customer: replied 5 months ago.
I don't have a key and the dealer key would get me in but I would still need a fob key to be programmed by a locksmith to start the car. I won't have the title until it's paid off, this is a newer loan.
Expert:  Barrister replied 5 months ago.

You can request duplicate ownership information, like the registration from the DMV which will allow you to get the dealer to make a key. It isn't an easy thing where they deliver a key to your house and you will have to do a little legwork, but it can be done so you can retake possession of the vehicle if you want to.

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thanks

Barrister