Legal Question in Civil Litigation in Virginia

Co-signing a vehicle loan

I cosigned for my step-son's vehicle four years ago. Vehicle is titled in his name (age 26). One year left on loan. His payments are sporatic, so I must make them. He owed $3,000 from an additional situation. A year ago I had him sign promissary note to repay the $3,000 at $100/mo and promissary note to make vehicle payments. What legal recourse do I have? Can I legally take car and sell it? Auction houses will not touch vehicle without signed title. I could pay vehicle off with credit card, but can I take him to small claims court to force him to sign the title over to me so I can sell it and at least recoup some of my money. My husband, his father, says we are just stuck with making the remaining payments when he does not. He has since impregnated his girl friend, so the car payment is not a priority. The car has not been registered or insured for over a year to my knowledge, unless his mother is carrying it on hers. Can I force him to at least insure it or provide me with proof that it is insured? Can the bank force me to carry insurance on it if they become aware that it is not being insured?

Thanks so much.


Asked on 3/26/07, 12:50 pm

2 Answers from Attorneys
Ruth Emily Kochard Ruth Emily Kochard, Counselor at Law

Re: Co-signing a vehicle loan

You raise several questions regarding your rights on the loan that cannot be succinctly answered in a few sentences. I advise that you consult an attorney to fully review this situation. (contact info. provided).

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Answered on 3/26/07, 2:27 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Co-signing a vehicle loan

You cannot force a 26 year old adult to insure his vehicle(nor provide proof of such)nor force this individual

to sign over title to his vehicle by taking him to small claims court. And, no, you cannot repo his vehicle and sell it since the title is in his name, unless you want to risk being charged with some form of theft.

You could, however, sue this apparent miscreant in small claims court for whatever he owes on the defaulted $3000 note. (His promissory note to you, however, to make payments he actually owes(and you owe) to whoever originally loaned the money for the purchase of the vehicle, is legally meaningless.)

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Answered on 3/26/07, 2:39 pm


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