Legal Question in Credit and Debt Law in Texas

co-signer taking possession of car

I co-signed a car loan for my son, intending to pay for the car for him, but to help him establish credit. Six months later he got heavily involved in drugs (arrested for possession of meth in the car). He has now been convicted of felony possession and put on 5 years' probation. At this point, he is not speaking to me because I evicted him for doing drugs in my house and testified against him at his trial. And yet I continue to pay for this car and for his insurance (I know he wouldn't keep it insured, and the loan company would just buy insurance and add it to my payment). I don't want to default and ruin my credit and incur the expenses of default. He has taken the car out of state and I don't even know where it is specifically. Is there any legal recourse so that I can gain possession of the car? Also, if I do get the car, I want to sell it...is it possible to force him to sign the seller's paper? I notice the loan agreement specifically states that the car is not to used in any illegal activity, if that helps my cause.


Asked on 7/15/04, 8:18 am

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: co-signer taking possession of car

Since you're the co-signer, I'm assuming that the title to the vehicle is in your son's name. That being the case, there's no way you can legitimately get possession of the car unless your son signs it over to you.

As co-signer, you have the privilege of making the payments when the primary borrower doesn't. But you don't have any rights, although you have the duty and obligation to put your credit on the line when you co-signed.

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Answered on 7/15/04, 9:22 am


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