How best to handle the unauthorized use of my vehicle by my ex-fiancee?

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How best to handle the unauthorized use of my vehicle by my ex-fiancee?

My ex-fiancee is using my vehicle without my permission. The vehicle was purchased under my name and is registered. When we broke up, I wrote up an agreement that upon her graduation from college (8 months ago), that she was either to return the vehicle to me or she could take over the loan on the vehicle. The agreement was notarized. Since that time she has refused to do either, despite many requests. She has stopped providing money to pay off the loan and insurance money. I would like to take her to small claims court and or report the vehicle as stolen.

Asked on July 21, 2012 under Bankruptcy Law, Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are on the title and it is registered in your name alone along with the insurance, this could be an issue with respect to jeopardizing your insurance coverage. You can try to have the car repossessed but if there is an existing loan, then you are not considered the lienholder and the repossession company won't touch it. You may indeed need to sue her and you can also drop the insurance and inform her the insurance on the vehicle has been dropped and you pay off the car and sue her for reimbursement.


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