I bought my ex fiance a car in my name and she has made all payments til now. But she stopped making the payments because of the break up. Since its only in my name, Is there anything I can do to make her pay? And if not, the car needs to be shipped back to me, can I get her to cover the expenses?
Lawsuit / Dispute Attorney
Unfortunately, you are holding the bag. Unless you have a written oral agreement with her, you can't make her pay through a legal action. But, as the titled owner, you have the right to possession of the car as long as you do not breach the peace taking it back.
Licensed to practice law in California only. The information above is provided to help you get a better understanding of the questions you need answered. You are advised to seek legal advise directly from an attorney in your area who can review all the facts and the law locally and advise you.
Criminal Defense Attorney
Agreed. repossessing a car is not legal the way it is done on tv. If she won't give it over, then you'll need the sheriff there to help keep the peace
Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 www.jslaw.org This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.
Construction / Development Lawyer
As the registered owner and signer on the loan, you are responsible for all payments. If she does not make them, then the lender could re-possess the car, and ding your credit.
You probably cannot force her to make the monthly payments.
You are entitled to possession, but doing a repo on your own is not a good idea.
She will probably not be required to cover any shipping expenses. Basically, she can leave the car anywhere she wants and not even tell you. You should probably make arrangements to get the car back as soon as possible.