Legal Question in Civil Litigation in California
I took out a auto loan in my name for 20K. The car registration is in mine and my friend's name. He has not made a payment in a year. I have requested for him to return the car and he keeps stalling and refuses to do so.
Can and how do I get the car back?
2 Answers from Attorneys
Unless you have an agreement with your friend to return the car if he fails to make the payments, then you do not have a way to get the car back. Your friend is on the title, which means he has a general right to possession.
Your only potential remedy is to obtain a money judgment against your friend. Given that the car title is in both your names, you are liable for half the loan and half the payments. If you have paid more on the car than your friend, you are entitled to recover half of the difference.
I agree with Mr. Perry.