Legal Question in Civil Litigation in New York
I leased a car on my name while I was in a relationship. My boyfriend has been the sole user of the car and has been making the payments. We are no longer together and I want to take the car back. I have the money to pay the lease. Everything (registration, lease, & insurance) is under my name. What is the best way to go about taking the car back? I have tried to tell him I'm taking the car back but he won't agree. Can I just take the car?
2 Answers from Attorneys
The car is legally yours to keep. He can sue you for any portion of the payments he made in excess of his use; however, that is an entirely separate issue. If he uses or drives the car without your permission or refuses to give the car back, he may become criminally liable for conversion of property.
You can take the car. It is legally yours. After you take the car you should tell your boyfriend that you have the car so he does not file a police report. I would also change the locks on the car.
Mr. Kashanian is wrong about him being criminally liable for conversion of property. Don't call the police.
Mike.
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