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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118200
Experience:  Attorney experienced in commercial litigation.
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I am a co-owner of a vehicle the vehicle is not in my possesion,

Customer Question

I am a co-owner of a vehicle the vehicle is not in my possesion, there is a lien on the vehicle, since my name was first on the loan, all toll violations are being sent to me. My question: can I go to court to get the vehicle liquidated between the 2 of us?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Have you contacted the other owner to try to get them to sell to you and refinance the lien? Are you trying to get your name off of the car, that is what you are asking?
Customer: replied 2 years ago.
Yes I have, the other owner is unwilling to re-finance. Yes I am trying to get my name off the car, I know how to do it with a willing co-owner. In this case I do not have a willing co-owner my question is : What are my options without a willing co-owner?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
Unfortunately, even going to court would not absolve you from the loan agreement. The only thing you can do, since your name is ***** ***** title as well and they are unwilling to finance the car is to go and repossess or take the car (providing you can do so without causing a disturbance when you take it) and you can then once you have possession you can file suit against the other owner for contribution or reimbursement for you having to pay the note and the fines and the court can award you ownership of the car as a penalty or they can order the car sold.
You cannot even sell the car right now unless the other owner is willing to sign the title. So, once you get the car, if you can do so, to prevent them from damaging it, you would file suit against them and you have to sue for damages including payment of the fines or in the alternative you ask the court to order it sold if the other owner will not refinance.