Legal Question in Consumer Law in New York

my roommate was unable to purchase a car, his girlfriend had him get the car and loan in her name and he makes the payments and pays the insurance. they have since broke up and she is making him miserable over the car. she told him the insurance is taken directly from her checking account and that he hasn't been giving her the money timely and thus causing overdrafts on her account. she has forced him to give her over $200, threatening to take the plates off the car and leaving him stranded at work. we recently discovered the money is not taken out of the account and in fact she has not paid the insurance for two months and it is about to be canceled. he is upset and doesn't know what to do as he needs this car to go to and fro work. to me this is fraud/theft as she has been taking the money for the insurance and forcing him to pay money for overdraft charges that are not his fault... she also sends him nasty texts constantly, harassing him over the car and threatening him about the car

Asked on 9/10/13, 9:25 am

1 Answer from Attorneys


The car has to be sold and the money returned to the owner, your friend, immediately. Unfortunately, unless she is agreeable, he can not sell the car since the title is not in his name. If they can not mutually agree, he has to obtain a court order. Driving a car without insurance is dangerous for her since the car is in her name; I trust she will agree to a sale instead of being arrested for failure to maintain insurance.

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Answered on 9/10/13, 9:33 am

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