Legal Question in Criminal Law in California
My step-father cosigned on a loan for my car. He said that the bank manager told him to keep a
spare key. When I called the bank, the loan officer said that the cosigner is not meant to have a key.
My step-father and mother are refusing to give back my key, saying that a) it's for my own protection incase something happens to me and b) that the bank manager told them to have one,
which is a lie.
He is refusing to give back my car key. Do I ask the bank to order he give it back? Is it illegal for my parents to lie to me... is this theft?
One time my step-father stole my car and hid it from me because he was angry. He used the key
he said the bank told him to keep to steal my car. I called the police and that is when he gave me back the car, but he refused to give me back the key.
He also took the car in for repair recently without asking my permission. He used the key he has
to take it to Pep Boys. He did not have my permission to do this. My mother told me later that it was repaired.
Do I have to call the police to get my key back?
1 Answer from Attorneys
A cosigner is actually a co-borrower, and most of the time they're co-owners, too. If he's on the title, he has as much right to the car as you do.
Why is he taking it in for repairs so often? It sounds like you're neglecting the car and he's protecting his investment. If you trash the car and walk away, he's on the hook for the remaining balance of the loan.
If you could qualify to finance this car on your own, you wouldn't need a cosigner. If you get the cops involved in this dispute, you can probably forget about any future financial support from your stepfather.
I doubt the police will want to get involved in this family squabble. If you don't want your stepfather involved with your vehicle, buy one that you can afford without his assistance.
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