Legal Question in Credit and Debt Law in California
I loaned $500.00 to my roomate/ex boyfriend for a vehicle. Also,$400.00 when car was towed after his arrest. He doesn't have a license and promised he wouldn't drive it until he got drivers license back. He lied to me. After his arrest I paid to get it out. He now owes $900.00. I have told him he can't take the car back until he pays me what he owes. My name is on the registation and title as well as his. Can i hold this car until he pays me back? Then I would remove my name on title and registration.
1 Answer from Attorneys
Legally, no. If both of your names are on title, you each have the legal right to the use and enjoyment of the car. Without an agreement to the contrary, you cannot hold the car from him until he repays you. You can take him to small claims court to recover the money if he does not voluntarily repay it. You may also be able to obtain a court order to stop him from using the car while he does not have a license (to protect the asset that you jointly own) but that cannot be done in small claims court, and must be done in Superior Court (at a much higher cost, and much longer delay in having your case heard).
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