Need legal advice on car

[Shangsta]

all I can do is smh

[ST1G]

http://www.avvo.com/legal-answers/ca...to-283987.html

" Read the note and/or the Installment Agreement that you signed at the time that you bought or financed the car. These legal documents will tell you whether you have the right to transfer or assign the obligation on the note. My guess is NO. If you start messing around with the documents you might find the lender giving you problems. Also, enforceability will be a problem for you if the do-it-yourself documents are found to be invalid when [not if] the new person starts missing payments.

If you can not afford the car, you might possibly consider either trading it in, or a bankruptcy consultation.

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies."

I just contacted my lender and they said they do not allow it so the "contract" I made with her was never valid. I told them that I realized recently that what was done was a violation of the initial agreement between me and them but I was looking into rectifying the situation by either having her refinance [psh!] or repossess my car. They said as long as you are able to show that, yes, you fixed the situation and continued with the original agreement then there won't be a problem.

Sounds like it would be in your best interest to get the car back (since your agreement with her is null anyway) or have her refinance the car in her name.

Since you're the only one on the car title/loan/insurance then you could find the car and drive it away and she would have little/no claim to it.


It's in her best interest to refinance since otherwise she made all those payments on a car she no longer has.

But, she might not act rationally (women rarely do in situations like this) and she could hide the car, stop payments, and/or damage it. Hurting your credit, and your asset. This is really what needs avoided.

It's hard because if you talk to her about it and doesn't want to refinance then repossessing it later can be difficult.

If you don't then she might try and come after you for the car and drag you into a legal battle.

Really you want to avoid a legal battle, damage credit, crazy ex girl friend attacking you and your property.... so on.

This is why I would still contact a lawyer to figure out the best course of action that will mitigate any future contact with the ex. $200 now to do it right is much cheaper than hurting your current relationship, credit, or 4k if you end up having to pay off a car that was driven off a cliff.

Missed payments on a loan will hurt your credit for very very long time. As will a default or repossession.

[slaterd]

Yes I will be contacting a lawyer shortly. I've talked to my creditor and everything. They said the same. I'm going to see if there's a way to debate giving her money based off of she used the car for 2 years which includes wear, tear, depreciation, and renting. If I give her the money then she literally used my car for 2 years for FREE.

[ST1G]

Yes I will be contacting a lawyer shortly. I've talked to my creditor and everything. They said the same. I'm going to see if there's a way to debate giving her money based off of she used the car for 2 years which includes wear, tear, depreciation, and renting. If I give her the money then she literally used my car for 2 years for FREE.

I wound't pay her anything. The loan is upside down from what you've on the value of the car vs the payments left.

I would personally see about taking the car, THEN talking to her about buying from you/refinancing. That way she has a way of not losing all the payments she has made, but you're absolved of liability.

[slaterd]

I want the car though. My wife and I are sharing a car and a motorcycle. We are in real need of a second car.

[ST1G]

I want the car though. My wife and I are sharing a car and a motorcycle. We are in real need of a second car.

You'd be better off getting a car that isn't half the value of the car upside down. But that gets into other issues.

[Thizzelle]

fuckin women, am I right? heh

[delatlanta1281]

Wait a sec.
Am I reading this right? SHE insured a vehicle under your name while using your social without your consent?

Write her a letter saying that you did not consent to this, you just found out today and you know about it. She needs to refi immediately and switch the coverage to her name or you will be forced to involve not only an attorney, but the authorities. OR she needs to buy you out of the car immediately so it can be paid off and you can switch your/banks title to her name and she needs to switch insurance. Send it certified mail. If you know any lawyers in the state of AZ ask them for a referral to the correct practicing attorney (attorneys do this constantly as a networking deal) and contact them. Do this today. Doing this in a week could backfire. Something could happen between now and then. In writing this letter it shows any court that you just found out and you are being proactive. Procrastinating shows you accept whats going on and a judge may not find in favor of you.

[mrcheezle19]

At this point just contact the authorities and have the car repossessed. You have every right to and won't have an issue getting it back. Then just go trade it in on the new car you are trying to finance, if you are looking at new then any rebates will cover whatever negative you have or discount if used(really even in worse case and you are 3k wrong that is absolutely nothing and won't be an issue) or you can just keep the car and pay it off since you need a second car. The only reason the bank won't give you a loan now is because they want the open auto traded in. Just make sure of one thing. We had a repo in Washington (crazy customer drove up there from California to try and hide the car) he chained the car to the house and in Washington the car became considered "part of the house" and we couldn't repo the car until it was unchained. It took police getting involved and a huge mess to get it. I assume she's dumb and not that smart to look into that, but these dumb jacks we had did so you never know.

[smooth]

you can't repossess the car. what makes you think you can repossess a car that someone is making payments on? get that out of your head.

you try and take the car without a legal basis and you'll wind up in court with the judge pissed off at *you*. handle this amicably or you're going to get the shitty end of the stick.

get off the insured in your name bit because it's going to be your word against hers and the facts point to *you* insuring it...given that you have to according to your loan terms and it's not legal for you not to have it insured in your name.

if she gives you the car back you're going to owe her money. why would you think that someone makes payments on a car for a few years and then you can just take it back and keep all the money? quit listening to r3v, call an attorney if it makes you sleep better, then call your ex and handle this shitty mess that you made for yourself like an adult.

[slaterd]

you can't repossess the car. what makes you think you can repossess a car that someone is making payments on? get that out of your head.

you try and take the car without a legal basis and you'll wind up in court with the judge pissed off at *you*. handle this amicably or you're going to get the shitty end of the stick.

get off the insured in your name bit because it's going to be your word against hers and the facts point to *you* insuring it...given that you have to according to your loan terms and it's not legal for you not to have it insured in your name.

if she gives you the car back you're going to owe her money. why would you think that someone makes payments on a car for a few years and then you can just take it back and keep all the money? quit listening to r3v, call an attorney if it makes you sleep better, then call your ex and handle this shitty mess that you made for yourself like an adult.

LOL...way to jump nasty like that. I have every right to take the car. Hell I can walk up to it and smash the window out with a brick and she can't do anything about it. I have contacted 3 lawyers here in Phoenix and they ALL said...no you don't owe her anything. You did her a huge favor by allowing her to have YOUR new car for a couple of years while you took 100% of the risk and she benefited it. She also allowed a friend of hers to drive it and he wrecked it. The depreciation value from her using it is more than the amount she has put into it which comes out of YOUR pocket. As far as the insurance bit it is her word against mine, I just have to say "look you're telling me that I have 2 insurance policies? One for my nissan with my wife...and then a completely different one for this car and my ex's car on it? Really?" I just have to say I didn't have consent and it goes to court. Trust me I've been on the suspect's end of it, I know how it works. And no I can't repossess my car...BECAUSE IT'S MY CAR!!! You can't repossess what is yours. You just walk up and take it. I don't know where you've been getting your information but apparently it's wrong according to everyone I've been discussing this with.

[slaterd]

Anyways, it will be done civilly and we will discuss whether or not to have agreements for any compensation not on the fact that she has been making payments, but because it is on such short notice and a very big inconvenience. I think after everything that I've done for her as far as the car goes, her use of it, and the accident, I don't owe her anything. But since I do understand it from her perspective and how this will make their situation stressful I will compensate...you won't find that with any dealership...I promise you that.

[DEV0 E30]

Right - it's YOUR car. YOU are financially responsible for the car and any damages caused by it, especially in light of the fact that the insurance is in YOUR name too! If she does any damage to persons or property, you are fucked. Lawyer up, and quick.

BOOM.

The truly worrying thing is that you have had your ass hanging out waiting to get fucked for so long and just realized it. You have to contact her and talk about like adults, figure out what you can do, $4k isn't that much to refinance even on a personal line of credit, under her name of course.

AND BOOM.

I would call your lawyer first. Tell him the situation, you write a letter stating she will go get a 4-5k loan. She will then pay you the amount left on the loan, you then transfer all the shit into her name only after the check has cleared. If this doesn't happen, (she refuses) well that's how your lawyer would help. If she didn't take full financial and insurance responsibility of the car, you would have the legal right to take it back.

This is how adults who don't want to be around each other deal with shit aka a fair and honest transaction. The fact she was using your info, and you have responsibility of the car still is ridiculous. She should have gotten a loan, payed the car off, then continued paying on her own loan all by her self from the start after she was able to when you two were still together. The insurance stuff is unacceptable.


Edit/ Good that you've talked to a few lawyers, I hope she's going to get her own loan asap. She could even get a cash advance from her credit card, or get a new CC and cash advance.

[delatlanta1281]

You are right, you cannot repo the car..... You gave it to her to drive and agreed she could do so if she continued to make payments. So while the car is technically yours, you cannot just take it without documentation of non payment. Also, I'm not an attorney in az, but there is probably a process of 30 to 60 days of warnings or documentation in order to take back what you agreed to let her possess.
call an attorney who has a bar license in az. Ask their opinion.....
Also, don't listen to people here, even me, who is staring at an attorney as we speak. This attorney read this thread last week and voiced their opinion on what needs to be done to protect your interests. That advice is contact an attorney familiar with these situations.
Good luck...

[slaterd]

We have agreed that I will be taking the car back and continuing payments and responsibilities for the car. My wife and I are in need of another car anyways and she already has a new car. She isn't in need of it.