Legal Question in Civil Rights Law in Maryland

This is another question about my situation with being a cosigner on a car loan. I cosigned on a car loan for my ex-boyfriend, he has not made any payments on the car or insurance since May 2010. The car is in repo status but has not been taken yet. My ex has the car and will not make the car available to me or to the finance company so that they can repossess it. What can I do? Can I report the car stolen and get the law involved? He is purposely hiding the car so that I or the finance company can't get it.


Asked on 10/20/10, 5:43 pm

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

The fact that you co-signed a car loan for your ex-boyfriend alone does NOT give you any rights to physical possession of the car.

The real question is --- ARE YOU ON TITLE TO THE VEHICLE?

If your ex is the only name on title, you can't do anything to get the car back and you are still on the hook for the loan payments. If you are both on the vehicle title, you will have to go to Court and obtain a "writ of possession" from the judge that will entitle you to possession of the car. If only you are on the title to the vehicle, you may report the vehicle stolen. However, if the police get to the car before the repo company, the repo company will have to pay the police storage and other fees for towing the car away. This cost of recovering the vehicle will likely be passed on to you as a co-signer.

In other words, your options are limited. You've learned a good lesson, don't do it again!

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.******

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Answered on 10/26/10, 6:55 am


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