Legal Question in Credit and Debt Law in Pennsylvania
Last year my girlfriend needed a car. I have better credit so I put the car in my name, pay registration and insurance and she makes the monthly payments. Well we recently broke up. Can I rightfully take back the car and just refund her money that she paid? What are my other legal options? thanks
1 Answer from Attorneys
Sorry, but this was DUMB. NEVER EVER buy anything with someone you are not married to. Nothing good ever happens when you do.
This is not really a collections question, its a consumer finance issue, but I will try to answer.
If the car is solely in your name and if you have the keys, then yes, you can take the car. But why do you have to refund any money? If she has driven the car, then that money has gone towards operation of the vehicle.
What is the car worth and what is still owed on the car? If the car, for example, is worth $10,000 and $5,000 is still owed, then you can pay her $5,000 and make the loan payments. If the car is worth $2,000 and $6,000 is owed, then you owe her nothing.
However, do you want the car? Maybe the better choice is to make her buy it from you. If it is still being financed, you will both have to contact the lender and get them to agree to put the balance of the loan in her name.
Is the car still being financed and, if so, whose name is on the loan? Make sure that if you take it back that all loan payments will be made and that the car is on your insurance. It should be on their anyway as she could not insure the car if it is in your name only.
Be wary of leaving the car with her if your name is on the car loan as it may cause her to keep driving but stop paying. If this happens, the lender will look to you for payment and the late pays will be on your credit.