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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118791
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I split with my past relationship several months ago. She

Customer Question

I split with my past relationship several months ago. She ended up taking a lot of my household items. I am still awaiting some of my possessions to be returned to me from her. She has said she would return them multiple times but does not follow through. I "gave" her a $4000 car for her son and the car is still in my name. A sell report has never been submitted. I co-signed for her personal car where the balance is a little over $6000. I financed the car at my bank where I am an SVP/CIO. Her credit is terrible. She does not typically have insurance and it is SR22 when she does because of a DUI and reckless driving charges. She also does not have a drivers license because it was suspended as a result of her not paying the court fines. Not surprisingly, she does not pay her bills very well. I have offered to pay to move the loan to another bank and she will not consider it. I could have the bank repossess the car when she is late and then reimburse the bank for the expense but that would reflect back on me. I could pay it off but then that would further the nearly 30k she has ripped me off. I could also report "my" car stolen so I could get it back and sell it to cover part of the expense to pay off her car. On the other hand, can I repossess the car without the bank if I am making the payments? What do you see as my options? Let me know if you have further questions.
Submitted: 2 years ago.
Category: Family 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.

If the car is still in your name, you can go to take the car without any court order as long as you can do so without disturbing the peace (or you can use a tow company to do so).

As far as the car in her name, if she is not paying and you are co-signer, but if you are not on the title as co-owner, that car you have to sue her in court for either possession of the car or payment of the loan in full and get a court order to get that vehicle.

Also, you would have to sue her for all of the other possessions and money she owes you.

If the bank repossesses the car, you would incur more expenses than just paying the loan off and it would hurt your credit score as well. So it is best for you to sue in court and pursue her for money and the car damages.