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Can the co signer on the loan of my car take my car from me???

Discussion in 'Civil Court, Procedure & Litigation' started by Ochoa1995, Sep 9, 2016.

  1. Ochoa1995

    Ochoa1995 Law Topic Starter Guest

    Jurisdiction:
    Illinois
    I had a question: I had purchased a vehicle on May 28, 2016 with my ex's father being the co signer. He was reluctant at first to sign the loan but his wife made him sign but he refused to be on the title or registration. we had a fall out and now that I no longer live with them they had went trough a law firm and sent me a letter regarding the vehicle. I have to refinance in 10 days and return the down payment to the wife. she only put 500.00 down as I had put 1400.00 down. I still have the original receipt, bank statements, as well as the original card proving the down payment. I also have been making the payments of the vehicle way ahead of its due date. I also have proof of that as well. Because I have tried to get in touch with this firm with no luck I did speak with a lawyer and he stated that because they are not on the title or regristration they cant touch the vehicle, they are jus co signers. Is this true. He also advised me to have the paperwork on hand jus in case if I had to show the officers which I do have the regristration showing jus my name on the vehicle. He also stated to ignore the letter. I did speak with the lady in charge of the titles at the dealership stating the way they have the set up is the father is the primary co signer but on the title its jus myself. Can they take the vehicle from me? Can they do the replevin?
     
  2. KyleW

    KyleW Member

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    I think the lawyer you spoke to gave sound advice. As for returning the down payment, to be nice I guess you can give the $500 back but I dont believe you are required to.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    Yes. It's absolutely true.

    Not only can't they take the car but they cannot compel you to refinance either no matter how many lawyers they get to "write you a letter."

    Keep a set of photocopies with you at all times along with your registration (required by law) but lock up the title (if you have it) in a safe place and just carry a photocopy.

    I agree. Ignore the letter, ignore the cosigner, block his calls, emails, texts. You have no obligation to this person at all.

    Doesn't matter what order the names appear on the loan. Only matters whose name is on the title and that's just you.

    That would be Grand Theft Auto and you call the police instantly should anybody try it.

    Well, anybody can sue anybody for anything, but I don't see him having any chance of winning.

    As long as you are making the payments and keeping current on the loan, you're fine.

    I agree with Kyle about sending back the $500 if you can scrape it up soon. Make sure you keep a copy of the check. Mark it "return of gift." Never put anything in writing that might be construed as admitting to a loan.
     
    Last edited: Sep 9, 2016
  4. Ms.Ochoa

    Ms.Ochoa New Member

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    I did offer to pay her back but she refused. They also have the second key to the vehicle which they refuse to give back to me. I have went through to the police which they stated they cant force them to give the key back because it is a civil matter which I do understand. I also have a master lock for the steering to prevent it from moving the vehicle even if they turn it on.
     
  5. Ms.Ochoa

    Ms.Ochoa New Member

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    she refused when I did offer to pay her back while we were sitting in the financial room of the dealership.
     
  6. KyleW

    KyleW Member

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    Well I think you did you due diligence on it. If it does end up going to court and they want the money you can possibly try to subpoena the finance person or anyone that heard the no.
     
  7. adjusterjack

    adjusterjack Super Moderator

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    That's a risk. And, yes, it's a civil matter.

    I suggest at least getting the door locks changed. Might be costly but would avoid the sudden disappearance of the car and the expensive hassle it would take to get back.

    You also have the option of suing them for "replevin" to recover the keys. I don't know if you can do it in small claims court.

    If you are willing to go to court over the keys, you might first try a demand letter with a copy of a completed (but not filed) replevin complaint form (get one from the court website) and give them a deadline date to give you the keys or you will sue them. Don't bluff. Be willing and able to do it if they don't come across.

    Or, get a very loud alarm installed that goes off even if somebody puts a key in the lock. I have a car that does that if I forget to turn off the alarm before I unlock the door.
     
  8. Ms.Ochoa

    Ms.Ochoa New Member

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    I will probably jus change the locks if anything.
    if anything I would probably change the locks but that would be in due time. So I should just ignore them? and when u had mentioned the title above, I don't have it. I actually wont be able to get it until the vehicle is paid off. I feel more relaxed now I got a second opinion about this but I am not going to let my guard down.
     
  9. adjusterjack

    adjusterjack Super Moderator

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    Yes.

    Yeah, common practice this days with lenders holding the title. In the old days the owner got the title paper showing the lender on the title as lienholder.

    You have enough paperwork to show ownership but go to the IL DMV website and put in your car's VIN on the following page:

    Title and Registration Status Inquiry

    Something should come up showing you as owner. Take a screen shot with Windows' Snipping Tool, save it to your computer and print out a copy to keep with your papers.
     
  10. Ms.Ochoa

    Ms.Ochoa New Member

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    I did do that but its not showing the name of the owner at all. its jus saying multi owner? Yor N and its saying No jus not the name of the owner
     
  11. army judge

    army judge Super Moderator

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    Multiowner means you and the lender.
    Call the lender, ask them whose name is on the title.
    I suspect lender and you, because lender holds a lien.
    Anyway, soon you'll solve the mystery.
     
  12. Ms.Ochoa

    Ms.Ochoa New Member

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    I am actually on the title. Ive spoken with the dealership titles and they told me im the only one on the title and even on my regristration
     
  13. army judge

    army judge Super Moderator

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    Well, that solves the mystery. So, you follow the suggestion submitted and things should be golden.
     
  14. Ms.Ochoa

    Ms.Ochoa New Member

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    So if they were to show up anywhere at my jobs and try to take my car what do I do? N how do I attain a copy of my title if that's possible. Would I go to that dealership and ask them?
     
  15. adjusterjack

    adjusterjack Super Moderator

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    Call the police.

    No. The lender holds the title in IL. You can call and ask for a photocopy. They might not be obliged to give it to you.
     
  16. Ms.Ochoa

    Ms.Ochoa New Member

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  17. army judge

    army judge Super Moderator

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    The sooner you get the locks rekeyed, taking your car with the old key wont be a possibility.

    If they do take your car, or anyone takes your car report it to the police.

    Also, make sure you have sufficient insurance to protect your financial interests.
    That means, obtain at least 100/300/100 coverage with deductibles that you can easily afford to cover.

    I have far more coverage, along with a $20,000,000 umbrella policy.

    Insurance is affordable, make sure you understand yours, meet with a couple trusted insurance agents. Most of them aren't just salespeople, the best ones can be quite helpful.
     
  18. Ms.Ochoa

    Ms.Ochoa New Member

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    I do have that insurance
     
  19. adjusterjack

    adjusterjack Super Moderator

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    You need to keep all your discussion in this thread where all the background. I've moved your update here and deleted the other post. Don't open any more new threads. Thank you.

     
  20. Ms.Ochoa

    Ms.Ochoa New Member

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    My apologies
     

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