QUESTION

What can I do to get my car back if it was jointly purchased in October of 2013?

Asked on Jun 14th, 2014 on Bankruptcy - North Carolina
More details to this question:
I at that time lived with my mother. In December, I moved back to my hometown. We made the agreement that my mother would make the payment and possess the vehicle until I obtained a job here so our credit would not be affected. I got a job January 13th, and have more than sufficient funds to cover the payment. I also have full coverage car insurance. My name is the borrower of the loan but mine and my mother’s name is on the title. We now have the issue. My mother will not give me my car back because she doesn't have another vehicle to drive. I cannot get a vehicle because the bank will not budget me for 2 car loans. My mother’s credit is not sufficient to obtain a loan herself. I want my car back. Can I take her to small claims court or what is the best route to take? She refuses to refinance in her name or give me the car and let me make payments on the vehicle myself.
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1 ANSWER

Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC at Love and Dillenbeck Law
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If both of your names are on the title, both of you have the right to the vehicle. This means, really you can just take it and she can do the same. The problem is this is your mom, do you want to go that route? Unfortunately, you can't sue her to do much. She is on the title to the vehicle and as stated above she has the right to the vehicle equal to yours. You need to sit down with her and see what can be worked out.
Answered on Jun 18th, 2014 at 8:30 PM

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