Legal Question in Credit and Debt Law in North Carolina
"I gave my car to a friend to make paymets on it, because I was not able to make my payments, her payments have been late and it is ruin my credit. What can I do? Can I take the car back?"
1 Answer from Attorneys
So you engaged in a fraud?
That was idiotic. If you cannot afford your payments, you either sell the car to someone who wants it provided the car is worth what is still owed. If you find a buyer, great. You and the buyer talk with the lender so that title can be transferred and the car will be out of your name. That is the way to do this, not what you did.
Letting someone else drive your car is a BAD idea. Are they insured? They can't insure your car so if they damage your car, its your problem. While you can add the person to your insurance, this will make your rates go up. And the car is still in your name so if the payment is late or not made, this goes on your credit, not theirs.
Whether you can take the car back would depend on what kind of agreement you signed, but since you have made bad decisions, you probably did not sign any agreements. If that is the case, and you still have the keys, go and get your car if you can do so. If you don't have kets, see if your soon to be ex-friend will give it back voluntarily or buy the car legitimately. If the friend does neither, tell the friend you will sue to recover possession of the car. Its not a criminal matter as you voluntarily let the person have your car.