Legal Question in Credit and Debt Law in Florida

I took out a car loan for a friend as her credit wasn't good enough. The loan and vehicle are both solely in my name. She has stopped paying for the car around July?. When I checked my credit report I noticed the 'charge off' of 12k and change on there, I contacted her and she said she stopped paying as she didn't receive the tag (due in June) The loan has been going for 18 months. Do I have a legal right to go and take the car back (she now lives in Alabama) or how can I 'make' her pay for the car? I am worried that she will damage the car in some way if she knows I am coming to collect the car. If she is driving the car it will be illegally as she does not have the tag, or if she did get one it would have been via a fraudulent means. Are there any other options available to me? I am happy to take on the car payments if I have the car in my possession. I'm not prepared to continue 'trusting' her to pay for the vehicle. The loan was over a 5 year period with the agreement that I would 'gift' it to her when all payments were made. How can I get this bad debt removed from my credit report?


Asked on 12/10/17, 9:25 am

1 Answer from Attorneys
Barry Kaufman The Law Office of Barry W. Kaufman

Whether you have a legal right to the car would probably be decided under Alabama law, because that's where the car is located now. I imagine you have right to it, as your name is on title. Talk to an Alabama lawyer. The bad debt on your credit history is valid, there's no mistake or other legal reason to remove it.

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Answered on 12/10/17, 9:58 am


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