Need legal advice on car

[slaterd]

So here's the thing. I was dating this girl a few years ago. Things happened that put us in a bad position and I was forced to trade my cobra in for another car. I had the credit to finance so the car was put under my name alone. A year or so later I signed the responsibilities of the car over to her. Now its been 2 years later...we broke up a long time ago and now I'm married. I haven't even seen the car injust as much tim. I have nothing to do with the car other than the loan is in my name. This. Is creating a problem for me because its making my installment loans high and is preventing me from financing on another vehicle for myself. I've discussed with her before and I don't think she will try to refinance in her name because the payments will be higher. I either want the car, have her refinance it, or pay off the loan. I don't think shell go for it so what are my options? Can I just get a document from the bank I financed from showing I am the sole owner of the car and get it or should I take her to small claims and force the situation?

[ANDRÜ]

Report it stolen. Sit back and enjoy the hilarity.

[TSI]

Report it stolen. Sit back and enjoy the hilarity.

This. If it's your car and you can't get it back, then this is the best course of action.

[slaterd]

Just in case if that were to backfire because she has a copy of me signing it over....other answers ? I like how you guysare thinking though.

[e30vert]

Small claims court max judgement is 3500 in your State/County. Is the car worth more than that? People dont get motivated till there are dollars at risk. Its just part of the human condition I guess. So you will need to manuver the situation into a position where her finances may be affected.

Bank has title I assume. If so , contact the bank and explain . Obtain bank document .Then repossess with a sherriff standing by your side. Just call the sherriff and ask for a courtesy call.They usually dispatch someone to the location if you explain you are fearing some drama from the person that you are repossessing a car from. You will need to show that you are the legal owner and expect to have documents in place to support this.

[mrsleeve]

^
Its hard to justify a repossession when the monetary obligations are being met


if there is any kind of documentation that you signed it over to her. Or there is PROOF that she is paying the note (which I am sure she has) reporting it stolen is going to just complicate this further I would think.

How much is owed on said car????? If its not too bad pay the note off, and have her continue paying you until the balance is repaid and then you will sign over the title to her just like the bank would. Having some documentation of this process might be a good idea as well. There is no reason to bring the cops or other into this unless the issue is forced, why cant people act like adults and not resort to the cops getting involved in shit they really have no need to get into.

[slaterd]

So a document from the bank would trump the "written agreement" between me and her a few years ago? Honestly I'm also afraid she may just decide to quit paying and destroy my credit...I've been rebuilding recently for a couple years.

[mrcheezle19]

Not an attorney but I would imagine even if you did sign "responsibility over to her" the car is still legally yours in that the loan/title is in your name and not hers. To me that would be able to negate the contract you made with her. I'm a car salesman so I've seen a couple of odd situations with exs having possession of a vehicle. I'm surprised the bank is giving you a hard time getting another loan. Any experienced finance manager/director could easily persuade a bank rep to ignore this loan with a fax over a copy of your "contract of responsibility". I'd just report it stolen.

[slaterd]

There's 4000 left on it. If minimum payments are continued then it'll be paid off in 3 wish years!!

[slaterd]

Not an attorney but I would imagine even if you did sign "responsibility over to her" the car is still legally yours in that the loan/title is in your name and not hers. To me that would be able to negate the contract you made with her. I'm a car salesman so I've seen a couple of odd situations with exs having possession of a vehicle. I'm surprised the bank is giving you a hard time getting another loan. Any experienced finance manager/director could easily persuade a bank rep to ignore this loan with a fax over a copy of your "contract of responsibility". I'd just report it stolen.

Well the open car loan with my student loans are preventing me. But the car loan is definitely making it difficult with financing.

[mrsleeve]

what are the payment 57.83 if you have 3 more years and a 4k balance .

Find a way to come up with the 4k and get your name cleared so you can go do what ever you need to do, and have her continue paying you for the remainder of the original loan. If she stops paying you in a reasonable fashion then go get the cops and a court ordered repossession

[slaterd]

That's out of the question. She is my ex and I'm married. IOnce the car issue is settled I don't want to be in contact with her...let alone meet her once a month for her to give me money. The payments are 140 a month.

[Thizzelle]

I know you can sign leases over but you did not do this with a loan?

[Axxe]

Fucked up situation. For the meeting up and exchanging money, use email transfer. Also, it would help if you were straight with the wife and came clean about the whole situation up front.

[gwb72tii]

So she's driving your car? I assume the insurance is in your name too?
Do you know you're legally liable if she hits someone, good forbid hurts someone? They will go after you and your savings and then you're really fucked.
Reposses the car. Legally.
Ditto on being honest with your wife. Get on your knees and beg for forgiveness.