As the cosigner on the contract, you are an equal owner of the vehicle. You cannot steal your own property. But, if you choose to simply go and pick up the vehicle, contact local law enforcement to let them know your intent and the reason so that when the party who currently has possession of the vehicle comes out to their empty driveway, LEOs know the vehicle was not stolen.
You might be required to get a notice or order from your local court, possibly a writ of repossession. Contact the clerk's office of your local jurisdiction and ask; they will likely be happy to help you with this info.
Your other option, if you do not want the vehicle, is to contact the finance company and discuss possible voluntary repossession. You may need to seek legal assistance to have your name removed from the contract, and be prepared to show/prove you made the payments and the other party did not.
In the State of Texas, the answer would be "YES" as both parties signed for the car loan and both are responsible for the balance due. I was the primary signor but the cosigner had the car and was making the payments. Then she stopped making payments after owning the car for 3 years and the car was repossessed.
I had this very same instance come up and the police were called. They told me that as long as the payments were being made and you have proof of you making the payments on time, the cosigner has to leg to stand on when trying to take the car. So NO your cosigner can not take the car.
They should since they are just as responsible for making payments as the primary.
You might talk to a lawyer and settle it in small claims court.
Something is not right here. If you are the primary, then why is the cosigner making payments and why does the cosigner have possession of the vehicle? The is back-wards of what it should be. And why in the world would you put the cosigners name on the title? You have a mess on your hands, because you went about this all wrong. You need to contact a lawyer ASAP.
Yes..... I did
When you cosign for anyone you are taking 100% responsibility for the payments on that car. If the person that gets the car doesn't keep their payments up it will be repossessed by the bank with an option for the cosigner to take over payments or sell the car and pay back the loan. Marcy
The co-signor will have to make arrangements with the LENDER unless the co-signor is listed on the TITLE. In that case, go get the car.
Seems pointless to even consider. If the primary signer didn't have enough funds to make the car payments, they probably will not have enough funds to pay any lawsuit you charge them with. Fact is, if the primary signer defaulted on payments, then the cosigner would be responsible for making them - If repossession occured, then it was due to the fault of the cosigner .. can't sue yourself.
To make the car payments. Just be glad you have the car too.
If your name is on the title, you can take the car. Just make sure he didn't re-titled it after the split.
Only if the cosigner is also named on the vehicle title.