QUESTION
I signed a car and there a month behind and always late.
Asked on Apr 24th, 2013 on Breach of Contract - Nevada
More details to this question:
I signed a car under my name for a friend. It was all verbal they said they would pay and if couldn't they would give the car back. Well this past two years they got a month behind and are always paying late so I have to pay out of my pockets so I don't get a hit on my credit. I told him I'm taking the car back and his response is bring cops cause your not getting it from me. He is childish when we ask for our payment and leaves my wife rude messages. I just want to know what I can do. Do I take him to small claims court?? Do I just go get the car since I have a copy of the key??i just want him to give me the car or make him pay the month he is behind and sign a contract that's says if he is late I get the car no struggle. He won't listen to anything I say when I try to negotiate and even threaten not to pay ever cause he says he has the upper had and say if I take te car he will sue me for all the money he put on the car.
1 ANSWER
R. Christopher Reade
Your scenario is the most common reason why co-signing for the loan to another person is rarely a good idea. Can you take the car because you have a key? No. If you are on the title/registration as a co-owner of the vehicle, then you have equal rights to the vehicle as your (former) friend. Possession of a key is not sufficient.
Can you take him to Small Claims Court? Yes, but.... You are jointly liable for the debt. With co-ownership comes co-equal duties to pay for the car. Therefore the Court might state that unless and until you adjudicate ownership and possession rights (who has paid what), requiring reimbursement between the 2 of you is premature. As you friend notes, this scenario feels like a "Golden Rule" example: he who has the gold (car) gets to make the rules and has the upper hand. You should seriously consider not making further payments until you can secure the automobile or its disposition.
Answered on Apr 25th, 2013 at 3:40 PM