Legal Question in Intellectual Property in Illinois

I live in illinois and my car is titled in my name. I am 18 and my mom has the car locked in her garage and won't give it to me. What can I do to get my car?


Asked on 5/19/11, 10:46 am

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

This is not an intellectual property law question, it is a personal property law question concerning age of majority and parental control.

Under Illinois law (Chap. 755, Act 5, Art. XI, Sec. 11-1) A person who has attained the age of 18 years is of legal age for all purposes except as otherwise provided in the Illinois Uniform Transfers to Minors Act. --

Assuming the car is not held for you by your Mom as custodian under the Illinois Uniform Transfers to Minors Act 760 ILCS 20/1, which sounds unlikely from your short question, you are entitled to your car.

Take your title to the local police department and ask them to come to the garage and be present while you get it. If your mom refuses to release it, they will make a report of the incident. You take that and file a small claims case against your mom for release of your car. The Small Claims Court judge will then order her to release it, and hold her in contempt of court if she continues to hold it.

Unless you are ready to move out and support yourself, you will want to think carefully before doing all this.

Once you are 18, this is illegal for your Mom to keep your car without your permission since it is your car and not hers, unless you owe her money for which she is holding the car as collateral according to some legal agreement she can prove or pursuant to a trust which doesn't require release to you until a certain age such as for example 21.

Next time, try to find the right category for your question.

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Answered on 5/19/11, 11:17 am


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