Legal Question in Credit and Debt Law in Illinois

I am the primary on a car loan but the co-signer has possession of the vehicle. Car payments are not being made. Can I take possession of the vehicle? If yes, when and how should I go about doing it? Can I have the vehicle repossessed without her consent? What other options do I have? Can I force her to refinance the car in her name? Can I refinance the car in my name without her consent which would make me the sole owner of the vehicle?


Asked on 11/17/09, 5:30 pm

1 Answer from Attorneys

Joseph Michelotti Michelotti & Associates, Ltd.

Yes you can take possession any time. The vehicle will be repossessed if no payments are made. You could sue her. You cannot force her to refinance. You cant get her name off the title without her consent.

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Answered on 11/22/09, 6:24 pm


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