QUESTION

What are my options if I put my name on a loan for a car for a friend but the person isn't making the payments?

Asked on Jun 09th, 2017 on Debtor and Creditor - New York
More details to this question:
I have found myself in a really bad bind with an exfriend. Prior to our friendship deterioration, I put my name on an auto loan for the friend. On the registration, the friend used her name instead of mine although the loan is in my name. Fast forward to present day, she is not making ANY payments because she doesn't feel she needs to. So she's driving the car around FOR FREE while I am paying for the loan every month because i don't want to mess up my credit. Problem is I can't get the car back from this person. She is pretty much dodging me. I know I am on the hook for the loan but how do i go about actually getting the car if the person agreed to pay the loan? Civil court? I would do a voluntary repossession but Santander (the bank) says I have to have the car in my possession which doesn't make sense. What can I do at this point? Thank you.
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1 ANSWER

Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
You need to sue your former friend for unjust enrichment and replevin (to get the car back). You need to not only get the car to give back to the dealer (if she really doesn't plan to pay once she finds out you wont continue to do so) but also a judgment against her for all the payments you made for the car. A lawyer's letter might do the trick once she finds out you intend to cooperate with the bank to help them locate and repossess her car, and stop making the payments.  
Answered on Jun 10th, 2017 at 9:04 PM

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