Legal Question in Credit and Debt Law in Missouri

Cosigning gone bad

I am cosigned for a vehicle that is at the moment in collections. I spoke with the person I cosigned for and she basically told me ''oh well nothing I can do''. I want to seize the vehicle from her, but I don't know if I can legally take the vehicle from her. My question is if I am on the title can I have the vehicle towed away from her without her filing any criminal charges against me?


Asked on 2/03/09, 3:16 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Cosigning gone bad

This is a question that is hard to answer on the limited set of facts you've given. Who has made the bulk of the payments on the car? How long has she had the car? Would you have to gain entrance to her house to get the car? Can you get her to hand over the car? There are too many additional questions for me to offer good legal advice.

I would strongly suggest you sit down face to face and tell the person who has the car that you want it because it looks like you're going to have to pay for it. You might work out some kind of a deal if she has paid a sizeable portion of the note and you have just now gotten stuck with making payments. There are issues of what we call "equitable title" and these are not untangled easily. A negotiated agreement that disposes of your rights and her rights is probably the best way to go.

Consult a lawyer locally and see if you can get him or her to draw up an agreement that provides for you to get the vehicle and extinguish any rights that the other person has to the vehicle.

Good luck

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Answered on 2/03/09, 3:40 pm


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