Valencia, CA asked in Contracts, Small Claims, Banking and Civil Litigation for California

Q: Cosigner was removed from Title by Bank. He left the state and won't return the car.

Does someone who used to own a car, still have any rights after a title change?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Business Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: You can attempt to recover the car by going to Texas, but law enforcement assistance will depend on local laws and their willingness to intervene in a civil matter. Before doing so, ensure you have all necessary documents proving your ownership, such as the title and registration. Contact Texas law enforcement in advance to understand their procedures and confirm they can help you retrieve the car.

Yes, you can sue him for the damages caused by his actions. You would need to file a lawsuit in California, where the contract and original transaction took place. The court can grant you a judgment for the amount he owes you, but collecting on that judgment, especially from someone out of state and undocumented, might be challenging.

Consulting with a California attorney might be beneficial to navigate the complexities of your situation. They can provide guidance on the best legal steps to take, including potentially filing a report for unauthorized use or theft once the DMV title update is complete. This legal support can help ensure you follow the correct procedures and maximize your chances of recovering both the car and your financial losses.

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