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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23395
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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I bought a car and put my granddaughter on the loan as a co-signer.

Resolved Question:

I bought a car and put my granddaughter on the loan as a co-signer. She is also on the registration.I bought the car in California but she is living and going to school in Colorado. Recently there was an argument at home and she left with the car. She has the payment for the car set up to come out of her account each month. Do I have any legal recourse in getting the car back from her? What rights do I have if I can't do that?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Are you both listed on the title to the vehicle as co-owners?
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Do you know where she is now with the car?
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Do you have a key to it or a copy of the title to it listing you as a co-owner?
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Thanks
Barrister
Customer: replied 1 year ago.


We are both listed on the title as registered owners and yes I have a key to the car. I have an idea where she is staying but not positive. I do know where she works however

Expert:  Barrister replied 1 year ago.
Ok, from a purely legal perspective, if you both are on the title, then you both have an equal possessory right to the vehicle. That means that whoever has the car has the legal right to do so. So if you could locate the car, there is nothing that would legally prevent you from taking possession of it as long as you could do so without breaching the peace. This typically means that you have to be somewhat sneaky and retake possession while the other owner is at work or at night so they don't have the opportunity to call the police and object to you taking possession.
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But once you have it back, you are under no obligation to return it to her unless you work out your situation and settle it.
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Thanks
Barrister
Customer: replied 1 year ago.


so if I decide to try and work something out with her what information can I demand to get from her?

Expert:  Barrister replied 1 year ago.
Well, if you are going to allow her to keep the car and you want her to reimburse you for any money you have put down on it, you can set that out in a written agreement that she pays you XXX per month until you are repaid. Or that she has to refinance the car in her name only and then you will sign off on the title to her alone.
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I wouldn't suggest signing over the car as long as you are still on the note because then you don't own the car but are still liable for the debt if she defaults.
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Thanks
Barrister
Customer: replied 1 year ago.

do I have the right to know where she is living and where the car is?

Expert:  Barrister replied 1 year ago.
Not really since where she is living is not legally relevant to your ownership of the car with her. Since you both have equal possessory rights to the car, she isn't doing anything wrong by having it any particular place so she would be under no obligation to tell you where she and the car are. The only way to control where the car is would be for you to repossess it and keep her from having it.
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You can't use the car as leverage to legally force her to tell you where she is if she chooses not to. You can only take the car away.
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.
Thanks
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23395
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 10 other Legal Specialists are ready to help you

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