Just Curious...

D

ditzyscrap

New member
If a person (A) had a vehicle with a cosigner (B), and B and A broke up but B was PURPOSEFULLY holding the vehicle so that A wouldn't be able to get a job, therefore not able to pay rent/utilities/groceries (oh, and B has 2 vehicles of their own)....would A have legal grounds to get it back - like possession of a stolen vehicle? Person B has both sets of keys to said vehicle, and drove person A 4 hours away from the vehicle and just left them there.

Oh and person B has person A's personal belongings as well (clothes, movies, PlayStation, cat, etc).

Just curious...
 
Yes, person B most definitely does. B broke A - literally. Drained A's bank account, stole A's truck and personal possessions, tricked A into going to visit A's friend and then left after a fake "fight". It was all planned out. B even asked A on the 4 hour drive to get married and to have a baby, and to buy a house. B was playing mind games with A. :(
 
Mm, if A and B cosigned... meaning they both own it... a person couldn't call it a stolen vehicle because B can't steal B's own car. That's just from a police standpoint... I would think that in a court, A could probably get the car. *shrug* I dunno though.

ETA: Ohhhh oh oh... I was thinking signed together in ownership not one signed to guarantee the loan. My bad. I have issues with reading lately, wth.

In that case, whose name is on the title?
 
I believe in the US, which might be different than for you, that a cosigner is just someone that has a legal responsiblity to guarentee the LOAN on a car but does not have a right to the vehicle itself. For instance, My husband cosigned for his sister to buy a car (years ago) and the sister flaked out and didn't pay... so we had to make the payments. However, later on if she might have (not saying that she actually did, LOL) done something bad then the cops could TAKE her vehicle and we wouldn't have been even notified because we didn't have a right to the car. Uh... not that it happened or anything. And not that we didn't have to pay off a car that she no longer even HAD. :cursing: I'm just saying.
 
Pretty sure they're a co-signer. I couldn't know 100% for sure, though. Maybe I should call a lawyer for person A, lol...
 
LOL I would definitely call a lawyer if just for a quick consult. If person A doesn't have their necessities, they should be able to arrange with the police department (where ever the belongings are being held) to have an escort to pick them up.
 
Well, I think person A would have the sole right to the vehicle seeing that they are the main loan holder, if person B is just a cosigner. I think if I had taken my SIL's car then I would have been in legal hot water.

Have person A call the police on their business line and ask. Hope they get their car back and move forward from that bad situation!
 
Im thinking that co-signer would mean yes A has the right to take the car back providing A is making the payments. If B is making the payments and has made them then B kinda should have the car I think. However B doesnt really have the right to keep any personal items that are not theirs. Even if they were purchased by B for A for the most part. "A" should call the police and if vehicle and items are in the posession of B have the police meet A at wherever B is. If B is co-owner then B would have just as much right to the vehicle as A does but still not have the right to keep belongings. Might have to take it to small claims court though if B wont give the stuff up or denies having anything
 
I'd do a quick consult for sure. I can't say for certain, but as far as I know a co-signer is meant as a guarantor for a loan, not an actual owner of the car unless perhaps the owner can no longer make payments?

Regardless...want me to come throat-punch person B?
 
I would definitely think that there is some legal recourse. B is only the co-signer - not the owner so that is theft.
 
Bree, whose name is on the registration/title? I think that would prove ownership. I'm sorry for A and I hope that she gets some recourse!
 
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