Legal Question in Civil Litigation in California

Car loan / ownership - car loan is in my friend's name and registered in both his & his past girlfriend's name. They have since broken up and she has the car. They had a verbal agreement that if she makes the monthly car loan payment, then she can keep driving and eventually own the car. Due to her bad credit, she is unable to get an auto loan in her own name. She has not made the car loan payment and has disappeared with his car. This has put him in financial ruin. What is his next step to recover the car so that he can sell it and pay off this loan that he cannot afford?


Asked on 6/24/15, 1:16 pm

1 Answer from Attorneys

Nicholas Spirtos Law Offices of Nicholas B. Spirtos

As one of the registered owners, she is entitled to possession of the car. So is he, but she is the one who has it currently. As the borrower, he is responsible for the loan. He can try contacting the police, but they will probably tell him that it is a civil matter. He can sue her in small claims court. Or, he can just let the loan go into default and the lender will eventually repossess the car. It will ding his credit, but it sounds like that may have already happened. Bankruptcy could also be an option if he has other debts.

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Answered on 6/25/15, 8:19 am


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