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CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney representing individuals and businesses.
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my brother took out a auto loan in his name. I was paing the

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my brother took out a auto loan in his name. I was paing the loan off 3.8 years . on the 25th day of june 2013 he came to my place of employment and took the truck back and left a note stating that I was two weeks late on my paments , and the truck is no longer mine. I have all the reciets for the pased 3.8 years x 588.47. The loan is in name and the bill of sale belongs to the bank. Do I have any legal rights to this truck ?

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. I would like to assist you with your legal question today. It is unlikely that your brother has the right to (1) repossess the vehicle, or (2) take the vehicle under the terms of the contract.

William B. Esq. :

The issue with repossessing a vehicle is more complicated than just showing up and driving off while leaving a note. One of our other experts has explained the rules and procedures necessary to properly repossess a vehicle and I doubt that your brother followed these procedures (you can read the other expert's post here:

William B. Esq. :

Your brother's attempt to enforce the contract on the basis of a short breach in payment (if in fact you did miss payments by 2 weeks) is likely unenforceable. Courts will apply an equitable principle known as "quantum meruit" to situations such as this where even if your brother is entitled to close on the contract, you will be entitled to the value of the money you paid into the pickup loan (this may not be the full value given depreciation of a vehicle, but it is generally enough to dissuade a repossession for such a minor breach at such a late stage in the repayment period).

William B. Esq. :

I hope that my answer was of assistance to you. My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Please remember to rate my service once you have all the information you need. Thank you for your business!

CalAttorney2 and 4 other Consumer Protection Law Specialists are ready to help you
Customer: replied 4 years ago.

Do I go to the police or diretly to civil court with my complaint?

This is generally a civil matter. You may report it as a criminal theft, but your primary recourse will be a civil lawsuit for breach of contract. I cannot advise you through this site, but generally these matters are resolved in the civil courts.