QUESTION
Is this true that they can repo my daughter’s car?
Asked on May 08th, 2013 on Bankruptcy - Michigan
More details to this question:
My daughter is purchasing a car, however her father co-signed for the vehicle. Her father called her to advise her that the car will be repossessed and she would need to give this car up. She has been making the payments and is not delinquent.
10 ANSWERS
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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That doesn't make sense. She should call the lender.
Answered on May 10th, 2013 at 6:06 AM
If she is current on the payments they do not have the right to take the car.
Answered on May 10th, 2013 at 6:00 AM
If you are asking whether the father can take the car from the daughter, the answer is no. If the father is not the lender and is not on the title, he has no right to the car. If the daughter is making the payments to the lender, then the lender does not have the right to repossess the car.
Answered on May 10th, 2013 at 5:58 AM
Corporate Law Attorney serving Billings, MT
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Oliver & Associates, P.C.
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If she is current in her payments on the vehicle, I see no reason why it would be repossessed, whether there is a co-signer or not.
Answered on May 10th, 2013 at 5:57 AM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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There may be some special deal made but in general, why would a company reposess a car when they are receiving payments? That does not make sense to me. The real issue here is if you have the facts right. That your daughter is not delinquent, that she is on title, that the father cosigned the loan and is not the primary, etc.
Answered on May 10th, 2013 at 5:53 AM
Deborah F. Bowinski
She should be able to keep the car and continue to make payments on the loan. If the lender repossesses your daughter should find a good, experienced consumer law advocate and consider suing the lender in state court.
Answered on May 10th, 2013 at 5:36 AM
Debt Settlement Attorney serving Chicago, IL
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Law Offices of Daniel J. Winter
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You don't mention why the father thinks the car will be repossessed. Is it because he filed for bankruptcy? If her father filed bankruptcy, and he cosigned for the car, it is possible that they could try to repossess the vehicle even though the payments are current. That is because the lender could treat the father's bankruptcy as a default under the contract. However, most finance companies don't repossess the cars if they are current in payments. It really depends on all the facts. You and your daughter should contact a bankruptcy attorney to discuss the whole situation.
Answered on May 10th, 2013 at 5:35 AM
Chapter 7 Bankruptcy Attorney serving Santa Monica, CA
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Law Offices of Glenn T. Litwak
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No unless he filed for bankruptcy, Ford is the finance company and he did not reaffirm the debt.
Answered on May 10th, 2013 at 5:34 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If the payments are being made and the rest of the contract adhered to (such as insurance coverage) the car should not, and in fact cannot be, repossessed. The right to repossess only arises after a breach.
Answered on May 10th, 2013 at 5:32 AM