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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I got a car in December 17,2015 for $4000 in my name for my

Customer Question

I got a car in December 17,2015 for $4000 in my name for my boyfriend's who later became my fiance and had a verbal agreement with my boyfriend at the time that he would make the payment. We broke and remains friends in June 2016 he continued to make his payment as promised up until 2 months ago. My last contact regarding him missing payment was September 26,2016 he said he would take car it he started a new job. Since then I have no luck getting a hold of him meanwhile the banks is calling me. I have already asked the bank to move the payment date allowing more time. He has recently moved so I don't know his new address And he has the car in his possession. Not sure what I'm suppose to do. I do understand that loan is in my name. And if he can't pay it I have no way getting the car so I can surrender it back to a lot that sold it to us. I know this wasn't smart
Submitted: 9 months ago.
Category: Legal
Customer: replied 9 months ago.
The car is a 2004 Chevy trailblazer so I don't be believe it has a LoJack or any anti-theft device. I did call the local PD just to see if the car had been towed
just in case if he's not telling me I did find out that the car has not been impounded or has not been repossessed so I know that he has the vehicle still.
Customer: replied 9 months ago.
Not sure if information is relevant but we have been together two years and during that time he had moved in. During our relationship he had his own vehicle when his vehicle started to break down he sold the vehicle to pick and pull and use that plus what he had saved for deposit money that he gave to me to put up for the new vehicle. In May we decided to take a break he moved out and in June we officially broke up. But during all this time he made the payment either by 7:11 or by calling it in.
Expert:  CalAttorney2 replied 9 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 9 months ago.

Dear Customer,

I am very sorry to learn of this situation.

Unfortunately, as you already know, you are obligated to continue making the payments on the loan (between you and the bank) otherwise, the bank can put the account in collections (which damages your credit), and/or they can sue you in small claims court and get a judgment (so they can levy your bank account and/or garnish your wages. Both of which I would recommend trying to avoid if possible.

You may be able to negotiate with them to lower your payments (spread the payments out), but they are not required to do so.

Between you and your ex - you still own the vehicle - it belongs to you, and you have every right to go and collect the vehicle if you can do so peacefully. If you cannot do so, you can file a small claims action against him (use this link: for forms, information, and procedure) to get a court order so that you can get your vehicle back from him.

A process server or private investigator can find your ex and serve him with the court papers.