What are my rights regarding a car loan if I’m the primary but the secondary has possession of the vehicle and refuses to pay or give back the car?

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What are my rights regarding a car loan if I’m the primary but the secondary has possession of the vehicle and refuses to pay or give back the car?

I have been in contact with the bank for 14 months now and they will do nothing to help. I do not know where the vehicle is at this time. Are there any legal resources I can use to locate the vehicle and get it back in my possession to continue making payments?

Asked on June 22, 2012 under Bankruptcy Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Given the car loan that you are talking about, the registered owner of the vehicle has the right to its possession primarily. If the person who is on the loan for the vehicle on a secondary position has its possession, the best way to locate the vehicle is to hire a private investigator to track down this person and from there, you should be able to locate the item.

You dispute seems best addressed to reading the loan papers that you have for the vehicle in that the documentation should have a means to resolve the dispute you have with the other person on the loan. If not, I suggest that you consult with an attorney who practices in the area of consumer law about your situation.


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