Legal Question in Credit and Debt Law in Florida

Co-Borrower on Auto Loan in need of HELP!

Long story short, I'm the co-borrower on an auto loan taken out with an ex-girlfriend. Since the split up she hasn't made any payments. I have been making them for the past 6 months..and am sick of it. Both of our names are on the title conjoined with an ''or.'' Does this give me the right to take posession of said vehicle? Or what are my other options? Thanks.


Asked on 10/16/07, 10:14 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Co-Borrower on Auto Loan in need of HELP!

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Generally the owner's name is on the title which is usually the leasing company. Perhaps both of your names are on the lease? If you both have equal rights, then you can remove the car from her possession. She will

probably file a police report but it is doubtful that the police will choose to get involved in a civil matter and refer her to the court.

Alternatively, you may wish to go to court and ask for her to pay you the money you have already paid for the lease and to be required to make all future payments if she retains possession of the vehicle. The only other option is to somehow get the lease rewritten in her name only or else you will continue to be responsible for the balance of the lease.

Scott R. Jay, Esq.

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Answered on 10/17/07, 1:39 am


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