Ask a Lawyer and Get Answers to Your Legal Questions
Hi Lynn. My name is ***** ***** I am a licensed attorney.
This is a tricky one because his name is ***** ***** the vehicle, so he has the right to possess it. You also have the right to possess it though, so it was totally legal for you to take it to the bank.
I think your only option is to try to get the car back again. There isn't really any criminal complaint you can file because it is legal for him to have the car. It also isn't a crime for him not to pay the loan.
Next time you get it maybe bring it somewhere that he will not likely look while you wait for the bank to pick it up. They should be able to go get it anywhere, so just place it in a spot that he wouldn't search, and then call the bank from there.
Please let me know if this is not clear or if you have any questions about this.
Well, no, he can't go and take it according to the bank. But that's just a civil claim between him and the bank. That's not a criminal claim that you have against him.
I just answered that question. The bank is free to call the police and claim that he stole the car, but unfortunately the police are not likely to do anything because it is a civil matter between the bank and him. His name is ***** ***** title to the car, and he can just claim that he wasn't aware that you signed something, so he wouldn't be in criminal trouble.
You are correct that it's not legal for him to keep the car if it has been repossessed, but you are asking me if the bank or you can have the police go and get the car, and I don't think so legally, because it is a civil matter.
You are welcome, happy to help.
If you are all set please be sure to rank my answers in the top three positive ratings, which will allow me to get credit for my work with you today.
Thanks and take care