0

So I made the mistake of co singing for someone that isn’t making payments or even attempting to make payments. The car is registered to both of us so I was thinking what if I get them to pick me up and then when they get out, I jump in the driver seat and leave. Would that be illegal? I don’t know what else to do. They won’t give me the car back so I can make the payments myself and I’m sure not going to pay it while they keep it.

  • Is your alternative just letting it be repossessed? – George White Oct 18 at 3:50
  • 1
    Even if it is legal, they can do the same thing to you... You agreed to be on the hook financially, that's exactly what will happen regardless of who has physical possession. Might want to look at doing a voluntary repo and then negotiate with the bank. Don't ever cosign for anyone. – Ron Beyer Oct 18 at 3:54
  • 2
    To address a comment the OP made on an answer: "I understand I’m financially responsible and I’m willing to make payments once the car is in my possession." Unfortunately this is not what you agreed to. The bank will come after you for payment, and you will be obligated to pay, even though you don't have physical possession. You don't technically have the right to say that "you'll pay for it when it is in your possession", you agreed to be financially responsible independent of possession. – Ron Beyer Oct 18 at 15:49
  • Juristiction (state in the United States... Otherwise a general city or political division and your nation will suffice. If the other party lives in another state or political subdivision, also list that too.). – hszmv Oct 18 at 16:38
  • Hello! Welcome to Law.SE. Please read our tour page. You can see the link at the bottom of the page. – isakbob Oct 23 at 1:54
2

You certainly can't legally steal anything, ever. If it is legal, it is not stealing. In particular, if it is your property, it isn't stealing.

The question is really, "is it your property"? This will be jurisdiction dependant. I am familiar with England and Wales, and other common law jurisdictions may be similar.

The fact you co-signed for the car definitely does not make it your property. It just means that out of the goodness of your heart, you agreed to reduce the finance company's risk by promising to pay if your ex-friend didn't.

In E&W, I don't think it is possible to register a car jointly, but there is a long page explaining that the registered keeper is not necessarily the owner of the car.

My guess is that the car probably does not belong to you, so if you take it you will probably end up with a conviction for theft.

-5

Car ownership is fuzzy and based on possession.

If you still own the registry, the new user needs to wait a long time to declare it abandoned. If you seize it in a reasonable time you get it back.

Depends on state law.

  • My plan was to park it in my garage and pay off what’s owed. Then refinance and see if I can get them off the registration and the loan. This is just from what I’ve read online. I’m not exactly sure where I can get a real answer. The place that financed the car won’t give me any real solution. I understand I’m financially responsible and I’m willing to make payments once the car is in my possession. – Sal Oct 18 at 5:07
  • Hello! Welcome to Law.SE. Please read our tour page. You can see the link at the bottom of the page. – isakbob Oct 25 at 3:52

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.