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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33752
Experience:  Began practicing law in 1992
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My friend just had her car taken away from her because her

Resolved Question:

My friend just had her car taken away from her because her co-signer decides that she wants the car now. The co-signer has never made a payment for this vehicle. All payments were made on time and insurance is on the car and always has been paid on time. The co-signer is hiding the car. There is a rumor that she is going to try and trade in her car and my friend's car in for a very expensive car for herself. Can she do this? Does the co-signer have this right to just take my friend's car when there are no problems with the vehicle, the insurance or the payments? The police said that there is nothing that my friend can do and they never even took a look at the financial papers. What can she do? My friend does not think that the co-signer will pay the car note this month( due December 1st) or the insurance. My friend is having trouble getting to and from work now. Does she still have to pay the insurance and car note?
Submitted: 8 years ago.
Category: Legal
Expert:  Dwayne B. replied 8 years ago.
Your friend would still be liable for the car note and insurance since she is the primary signer on the note. The co-signer should not have taken the car and does not have a superior right of possession and should return the car. Under the facts you've given it is likely that a lawsuit will be required but I don't see any reason the judge wouldn't order the car immediately returned and possibly order the co-signer to pay attorney's fees as well as reimburse your friend for any work missed.

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