Legal Question in Civil Litigation in Texas

Rights of Cosigner

Does the cosigner on a car loan ,have the right to take the car just because the get upset with the cosignee?

If the cosignee has made all the payments and is not late on them , can the cosigner legally take the car and tell the cosignee that ,if they want the car back, they will have to get another loan?


Asked on 9/05/04, 2:37 am

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Rights of Cosigner

If the cosigner is just that, and not a co-owner as shown on the title, they have no right to possession of the vehicle.

While legally criminal charges would lie, or a civil lawsuit for conversion or possession, the smarter course would be to try and sort out the problem between you and the cosigner before there's an irrepairable breach.

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Answered on 9/05/04, 3:50 pm

Re: Rights of Cosigner

Look at your loan papers and even speak to your financial institution that issued that loan. The document and the bank can explain what rights if any that they give the co-signer / co-maker. If you do not have access to the vehicle and there are no rights, you may have to report the vehicle as stolen with the authorities. It sounds like thing are emotional now but do everything to keep it friendly. If you cannot resolve this, I suggest you speak with a local attorney.

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Answered on 9/05/04, 8:34 am


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