Can I sue for the title of a car?

UPDATED: Aug 11, 2012

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Can I sue for the title of a car?

My aunt gave me her old car a few years ago. Recently, when I obtained a job, I went about fixing it up. To save a few bucks on car insurance, I allowed my mother to put the title into her name. However, I paid for it to be titled in her name. I also paid for the new battery, the new fluids in the car, the car parts, gas and for the insurance for the past 3 months on the car. We got into an argument recently and she refuses to let me drive the car and threatens to call the police on me. What are the chances of me winning a case in small claims court for her to sign the title over?

Asked on August 11, 2012 under Bankruptcy Law, New Jersey


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can sue in small claims court for the fair market value of the car that you have written about and your dispute with your mother. However, to sue to get title back is an equitable matter which the small claims court usually does not have the power to award. I suggest that you simply try and work out the issue with your mother where she transfers back title of the car to you.

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