West Orange, NJ asked in Consumer Law, Contracts and Small Claims for New Jersey

Q: I cosigned a car for my brother and he is not making payments. Can i take him to court to take the car if i pay it off.

I cosigned a car for my brother and he is not making payments for 5 months. Since we got the car he has been making late payments. Can i take him to court to take the car if i pay it off. Me and my brother's name is on the title. If i pay the car off, the bank will send the title to me. Can i take his name off title if i take him to court or take the car? I want the car because I know he will not give it to me.

1 Lawyer Answer

A: In most states either person named on the title has the ability to sell it or to do anything else with the car. If you pay it off the bank will give you a new title, which you can use any way you want.

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