I live in CA and have bought a car for my ex. She made all the payments to me, mostly in cash, a few checks. The title, registration and everything is in my name, the payments came from my account. Her name is only on her insurance. The car is paid off now.
My ex owes me $60,000 for a business and since I dont see any chances of recovering that money, I want to take at least the car away and sell it. Am I legally entitled to just go there and take the car with me?
2 Answers from Attorneys
No you cannot unilaterally repossess a vehicle under the circumstances you provide.
You will need to reduce the amount owed to a judgment. Once the judgment is entered, you will need to obtain an order from the court allowing you to collect, including taking the car to pay the debt off.
Courts will frown on using self help to resolve this.