QUESTION
Is it legal for someone to confiscate a car that is in their name (including insurance) but is being driven by another with understood permission?
Asked on Mar 19th, 2017 on General Practice - New York
More details to this question:
Several years ago, my daughter procured an auto loan in her name for her former fiancé (who had bad credit). FF paid off the loan, yet the car and insurance remain in daughter's name. Since the car is in daughter's name, can she legally take the car? It would be helpful if she could and then sell it to recoup some of her financial losses. (FF also used daughter's credit cards, with her permission under the verbal understanding that he would pay those bills, but he has discontinued paying that debt.)
2 ANSWERS
1 Award
If your daughter is the titleholder, and she has the title, she can peaceably take the car.
Answered on Mar 28th, 2017 at 3:54 PM
No. Your daughter claims to own the car, but presumably the FF claims the opposite. While the title bears out your daughter's claim, and a court may well decide in her favor, it is not her decision to make. Absent the FF's consent to take back the car, your daughter will have to sue to recover it, as well as the credit card debt he owes her.
Answered on Mar 20th, 2017 at 10:57 AM