Legal Question in Real Estate Law in Illinois

I have found conflicting answers to this question, can someone please give me a true legal answer?

I signed for a car, the loan and all paperwork and insurance is completely under my name alone. I got it for my boyfriend because his credit is so bad. We got it in April and he has been giving me money for the payments every month, but now that we are no longer together I am afraid he will stop making payments. The car is in his possession and he will not willingly give it to me to take care of. I could take my keys and pick up the car, but then he still has a set of keys and could find and take it back. I refuse to make payments on a car he is driving around. Can I call the police and have them pick up his set of keys and return it to me? I have heard that I have no case since I gave him permission to drive the car to begin with.

Any advice on this subject is greatly appreciated. I feel extremely foolish for putting myself in this situation and just want to resolve it. I live in Illinois.

Thank you.


Asked on 11/11/09, 11:18 pm

2 Answers from Attorneys
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Attorneys can have different opinions, just as two doctors can have different opinions. You probably have two legitimate opinions and neither opinion may be definitive. Legal opinons can not always be black and white. I suggest that you hire counsel to do a more exhaustive analysis of your problem including legal research as your situation is not a standard one. Good luck.

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Answered on 11/16/09, 11:58 pm
John Lee John D. Lee and Associates, LLC

I doubt that the police would want to go to your friend to recover any car keys, which leaves you with the option, among others, to go get the car yourself and take it to a car dealer to change the key lock. This is if you are accurate in saying that the car is titled in your name, and you are current on the car payments. Yes,an attorney must do more research on the facts and applicable law to give you a definite opinion, and that opinion is only an opinion subject to a judge ruling in a lawsuit. Will you hire an attorney?

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Answered on 11/17/09, 11:17 am


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