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bashfulmexicana | Can a Co signer take a car from the primary buyer |
Well to make a long story short my sister co signed for my car for me. I am the primary person on the car. This past weekend she took the car from me. She lives in Az and i live in Ca. She took the car because she said she could i called the finance company and they said that she has as much right to the car as i do even though the last year i have been making all the payments toward that car. Is there anyone that knows if i can get my car back. Or how i can take my name off the car the finance company told me the only way to get my name off the car is if we refinance the car. She said i can have the car back only if i brake up with my boyfriend over almost a year.Does anyone have any ideas on how i can get it back, the fiance company told me even if i call the cops they wont get into it. That car was my main transpertaion is there anything i can do please someone help me i dont know what else to do
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mbrcatz
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A cosigner is a person that guarantees the loan. Just being a cosigner, doesn't give you any ownership rights.
HOWEVER. Most lenders want the cosigner to ALSO be listed on the title as an owner. If her name is on the title of the car, yes, she has just as much right to the car as you do. If her name is NOT on the title of the car, you can file auto theft charges against her.
Sounds like you two are co owners.
Next time you buy a car, buy it for cash, and only use your own money, and you won't have this problem. When you share property with someone, it can cause problems. ESPECIALLY remember that if you're considering sharing property with a boyfriend. It's much easier to dump a girlfriend, than screw over a sister.
The only way to get your name off the car, is to "sell" it to your sister - if she's the one who qualified the loan in the first place, it shouldn't be too hard to do. |
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Jade
 |
First of all let me say I'm sorry for the situation that you are going through. She shouldn't hold your car over your head to make you do what she wants you to do.
The only way that you will be able to get your name off the car or even get your car back is if you take her to court. You will need to show proof that you have been paying for the car every month through bank statements and/ or copies of your checks through your banks.
The sad thing is she does have as much right to the car as you and can take it. But you can go to court to either get your car back after proving that you are the responsible person for every car payment and that she had no reason to take the car because you were paying for the car. She can't argue that you weren't paying and that is why she took it if you were paying for it. Good luck! |
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Deanna D
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Ask about a small claims order. She is the cosigner. Unless you fell behind in payments. Hope you have your receipts, bank statements, check stubs etc. |
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Worldly25
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The car is registered in your name and I would call the police. You are making payments and should not be harassed. Besides auto theft your sister is guilty of extortion. |
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Bat Thumb
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Car is just as much hers as it is yours. Go get it back, and change the ignition. Of course the cops won't get involved...it's a civil matter. |
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