Can I repossess a vehicle I co signed for?
2 attorney answers
You need to be very careful as you only have the rights that are spelled out in the financial transaction you have with your daughter. Absent something in writing that gives you the right to repossess the car when certain conditions arise, it sounds like you are just a co-signor/creditor of your daughters with no vested rights tied to the car such as a co-owner or a secured creditor. If you repossess the car without clear rights to do so, you risk being sued for conversion of her personal property. The safer way to do this would be to file a legal action against her asserting that she is not fulfilling her obligation to pay for the car and that she has caused you to pay her car debt wrongfully. You could try asking that the car be turned over to you but I am not sure that the court will award that. But it's worth trying especially if you can allege and prove that your daughter does not have the financial means to pay for the car going forward so this problem is going to keep happening.
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If you are a co-owner, you have the same ownership rights as she does for the car. If not, you would have to sue her, get a judgment, and then execute on her interest in the car.
Speak with a collection attorney for more details about how you should proceed.
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