What are a co signers rights to a car?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are a co signers rights to a car?
I am a co-signer on a vehicle loan. I was late on a payment and the other signer took the vehicle from me and is now allowing someone not on the loan agreement make the monthly payments on the car to purchase it when it is paid off. What are my rights?
Asked on August 25, 2011 Tennessee
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you were the primary borrower and someone co-signed on the car, that person is acting as surety on the vehicle to ensure the car loan is paid and on time. If you are the primary borrower and not paying on time, the late payments will impact the co-signer's credit report and rating. Now, if this a co-borrower, in that you are both on the title, then you have just as much right to the vehicle as the person. If the person took the vehicle from you and is not on the title, then theoretically that person has no right to do that and it can be considered conversion or theft or both, depending on the jurisdiction in which you reside. Review your paperwork and see what your rights are. If you are on the title, when the other person who is making payments and wants to purchase it tries to register the vehicle, he or she may not be able to without your signature on the pink slip. In other words, no clean and clear title, no registration.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.