San Bruno, CA asked in Contracts, Banking and Small Claims for California

Q: Bought car for friend. She’s the co-signer. I’m main. She can’t make payments and has possession of car. Can I take it ?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: If you are the primary owner of the car and your friend is only the co-signer, you generally have the right to take possession of the vehicle if payments aren't being made. Start by reviewing your loan agreement to understand the specific terms and your rights regarding repossession.

Communicate openly with your friend about the missed payments and your intention to reclaim the car. This conversation might lead to a resolution that works for both of you, such as setting up a new payment plan or transferring ownership. Clear communication can help prevent misunderstandings and potential conflicts.

If your friend continues to miss payments and you decide to take back the car, make sure to follow the legal procedures outlined in your agreement and California laws. Taking the vehicle without proper authorization could result in legal complications. When in doubt, consulting with a legal professional can provide guidance tailored to your situation and help ensure that you handle the matter correctly.

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