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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 19627
Experience:  B.A.; M.B.A.; J.D.
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I've been in a bit of a battle to get possession of a car

Customer Question

hello, I've been in a bit of a battle to get possession of a car that I am a co-buyer on. I was contacted by the other co-buyers uncle, who is licensed to practice law in Wwashington but myself the other co-buyer and the car all reside in Oregon, in December that the other co-buy who has been in possession of the car and has had sole access to the car for the past 2 years (we broke up) has decided to quit making payments. She refuses to give me the car to try and sell it so we can split the deficit of what is owed on the loan. She refuses to take it to an auto mechanic shop to prove it is in running working order as well. She will not turn the vehicle over to me unless I take her name off the loan. I recently have gone about refinancing the car after paying on the car for 6 months and meeting no fruition through communication with her Uncle. She is now refusing to meet up at the DMV to even sign the paperwork to get her name off the title or turn over the vehicle.
JA: What state is this in? And how old is the car?
Customer: We are in Oregon state. the car is a 2008 audi a6
JA: Has anything been filed or reported?
Customer: Both of our names are ***** ***** car I was told I could not file anything against her as she is still considered an owner
JA: Anything else you want the lawyer to know before I connect you?
Customer: Once I brought to the attention of her uncle that he was not allowed to practice law in Oregon so he clearly could not be her council he quit all contact at that point and we reached a stalemate. Now since she cancelled her insurance she told them to attach it to my policy in March or April of 2017 and lied and said I had possession of the car, I denied to cover the car because I did not have possession of it. The bank that holds the lien is now charging me to insure the car which is doubling the car payment from $299 to just below $600. I have been solely paying on the car since february and have yet to see the car physically for myself.
Submitted: 2 months ago.
Category: Consumer Protection Law
Customer: replied 2 months ago.
She has also blocked my phone number and I cannot directly contact her so I've had to have others contact her in reference to the car and trying to get her name off the title/registration at the DMV.
Customer: replied 2 months ago.
I've already paid $1,500 in just car payments.
Expert:  Phillips Esq. replied 2 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 2 months ago.

I am sorry to read about your difficulties.

Your concern:

Both of our names are ***** ***** car I was told I could not file anything against her as she is still considered an owner

Response: This is information is not correct. If she is not cooperating, you have to file lawsuit against her and have the Court force her to cooperate. That is the only way to force her to do the right thing here.

The lawsuit would be filed at your local Courthouse. You can obtain complaint forms at the Courthouse in the Clerk's office.

Best wishes,

Customer: replied 2 months ago.
What kind of suit would I be filing? And the fees associated with that filing could they be waived and her made to pay them?
Expert:  Phillips Esq. replied 2 months ago.

The lawsuit would center on what you want the Court to force her to do. For instance, if you want her to cooperate in signing papers to transfer ownership to you so that you can pay for the insurance or refi, then there is the lawsuit you would file. You would title your complaint that way. For instance, "Plaintiff's Request for an Order to force the Defendant to cooperate in transfer of ownership of property..."

You can request for waiver of the filing fees if you cannot afford the fees. The Court has forms for request for fee waivers. You can also request that the Court order her to pay for your Court costs.

Customer: replied 2 months ago.
At that time can we also file that she pay for all money I've paid in reference to the car when she refused to turn the car over to me or pay for it. I ultimately want my name off the loan and the money back that I've had to pay for it during this whole fiasco. I've been told most judges will not take my name off the loan and to not bother going to court for that. Worst case I want possession of the car so I can sell it, I would like her to pay 50% of the deficit and all the money I've already paid for the account to remain current. If the car isn't in running working order can the judge make her pay for the repairs to get it into a sellable condition?
Expert:  Phillips Esq. replied 2 months ago.

Unfortunately, I cannot tell you what the Court would do or not do. You would need to present your issues to the Court and the Court would make a decision based on the information presented and testimonies of the parties.