My husband has a truck financed in his name. Under a verbal agreement he let my sister take the truck with the understanding that she would make the monthly payment to us and in turn we would pay the finance company. for approximately 2 years she has had possession of the truck. We have continually had to help her make payments and we have also had to make full payments when she couldn't make them. She has not given us a payment for at least 3 months. We have told her that we are going to reposes the truck from her because she will not make regular payments. She refuses to give us the truck back because we should make the payments for her. Saying that we have more money than her. She is 47 and I don't feel like we should have to keep supporting. Legally what can I do to get the truck back?
If the title is in your husband's name, then you own the truck. You should consult with an attorney in MS as to what your self-help remedies are there, as you don't want to just take the truck and have her call the police. It may be fine to do that and you just show them the title, but get a local attorney to advise on that before you do it. Maybe one will answer here with a sufficient answer.
Please note: This answer is not intended and should not be considered as legal advice. Such professional advice requires full disclosure to an attorney of a client’s circumstances and that attorney’s opportunity to analyze those circumstances against applicable law.
If your sister has made any payments to your husband for use of the truck and she did not enter a written security agreement, following the state's judicial processes is your only appropriate recourse. Even if title is in your husband's name and she owes you money, self-help repossession is prohibited and may constitute the tort of conversion or even worse. In order to legally get the truck back or coerce your sister to make payments, you will likely need a court judgment. You should absolutely talk to a lawyer before repossessing the truck or threatening your sister with repossession as you may incur liability otherwise.
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