Legal Question in Civil Litigation in Arkansas


My father took a car back to the car dealership that we purchased the car from. My brother's name is on the bill of sale as buyer, and I am on the bill of sale as co-buyer. My father was upset when he took the car to them without giving thought of what it would do to our credit. I went to get the car, and was told that I could not get the car because the insurance had to be in my brother's name instead of my name. The dealership would not give me the car. The insurance on the car is in my name (the co-buyer) instead of my brother's name. He received a DUI and his name was dropped from the insurance. How can I legally get my car back?

Asked on 1/24/07, 8:40 am

1 Answer from Attorneys

Brandon Moffitt Moffitt & Phillips, PLLC

Re: Car

Without more facts, it is hard to give a clear answer. Assuming that you and your brother are the sole owners of the car and that the dealership has no interest in the car (such as a possessory interest in the car because you have defaulted on a loan to them) then it appears that you are entitled to the possession of your car, regardless of the insurance situation.

Your first option is to try the local prosecuting attorney for assistance. If the dealership has possession of the car unlawfully, then the prosecutor should be able to help you recover your car.

In the alternative, contact a local attorney to assist you in recovering the car. Assuming the facts are right, a telephone call will often do the trick. Good luck.

Disclaimer: The above is not legal advice. That can come only from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law.

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Answered on 1/24/07, 5:01 pm

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