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J D Haas
J D Haas, Lawyer
Category: Criminal Law
Satisfied Customers: 2998
Experience:  23 years as a trial lawyer with experience in criminal law.
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hello i am an co signer on a vehicle with a woman i ...

Customer Question

hello i am an co signer on a vehicle with a woman i was dating we broke up in december and she has the vehicle and has not made a payment the vehicle is unregistered or insured the loan company wants the vehicle which she has no license so its not being driven. and i received a letter from the finance company explaining the rules of embezzelment i want to turn the vehicle in even thou i signed and am responsible for the loan is there anyway to go to court to have the garage opened and the vehicle released to me or the finance copany before i go to court? or am i just stuck ihope i picked the right expert. thnx anthony combs
Submitted: 8 years ago.
Category: Criminal Law
Expert:  J D Haas replied 8 years ago.
If you are listed on the title as an owner, then you have some ownership rights in the vehicle. If you are not on the title, but merely on the loan, then you have no ownership interest and you cannot control the vehicle without a court order. The rules of embezzlement are irrelevant to your situation, so I do not know why the finance company sent you that information. You can sue the owner of the vehicle in court for breach of contract and seek to have a court order to return the vehicle to the finance company. The finance company also can seek to have this done and to get repossession of the vehicle.

In conclusion, you cannot get possession of the vehicle without a court order unless you are an owner. The finance company can get possession of the vehicle after they get an order and they presumably will do this. Best wishes.

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J D Haas and 3 other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.
Reply to J D Haas's Post: my name is XXXXX XXXXX registration and the loan what court do i use to sue
Expert:  J D Haas replied 8 years ago.
Depending upon the value, you can sue in small claims court or in district court. If your name is XXXXX XXXXX title, is it possible for her to give possession to you and for you to get it to the finance company? That would solve the problem without court intervention.
Customer: replied 8 years ago.
no she wont answer the door when tried to reposse the value of the loan is 10,000 no shes hiding out in her home. so i cant make contact with her if i get attorney what type would handle this type case or will one do so?
Expert:  J D Haas replied 8 years ago.
A contract lawyer will take the case. Small claims court in Clark County will take cases up to $5000.00. Please see: http://www.clarkcountycourts.us/lvjc/small-claims.html#smallclaimsfilingguidelines

Small claims court has the advantage that you do not need to pay an attorney. The finance company presumably wants the vehicle so they should be in the lead in recovering the vehicle. Please let me know if you have other questions. Thanks.
I hope that I have helped you, answered all of your questions,
and that I have provided you with useful information.

Please ask more questions if I have not answered all of your
questions.

In the future, if you would like to specifically ask me a question,
you can ask for me in the body of the question.


Please be aware that my answer is not legal advice,
it is merely information. The only way that I am legally
responsible for your legal rights is if you have signed
a written retainer agreement with my law firm.