[WantOut]

North Carolina

I will try to explain this as best as possible.

A freind needed a car but had bad credit. I helped them buy the car, so now we are joint owners of the car. Friend wanted to move to NY so I decided a contract with specifices would be drawn up and the paid off motorcycle they had would be put up to me for collateral in case of default.

A notatrized contract was made stating that if in default of payment, insurance ect I would give them 10 days to fix default then if not fixed they would have 30 days to pay the loan amount for the car off in full. If not done with in 30 days I would take back the car and then repossess the motorcycle and sell them both to pay off the amount of the loan. (Loan on car is WAY more than the car is worth hence the collateral-motorcycle) Before leaving for NY I had a lein placed on the motorcycle through the State of North Carolina. I now have the possesion of the title until the contract obligations are met.

Since this friend is in default on the 10th of July 30 days will be up and I am planning on going to NY to get my car and reposses the motorcycle. But before I go I want to get all my ducks in a row.

Questions are as follows:

-Do I go by North Carolina Repossession laws which is where the vehicles are registered and titled or do I go by NY since that is where the vehicles are housed?

-Can I get the police to escort me to pick up vehicles as I do not want friend to get "violent" with me as they do have a history of that?

-Is there any Civil proceeding I need to go through first for repossession of the motorcycle and if so do I go through NC or NY? (And what would the Civil proceeding include)

-If I go and just take the vehicles can he sue me and if yes in which state would he have to sue me in?

-Lastly - since the car is also in my name can I get in trouble for just taking it (I have a key as the car is in my name as well)...meaning would I be considered stealing it???

Thank you for all and any advice as I want to abide by all rules and regulations so I do not get in trouble!!

[Mr. Knowitall]

If you are on the car title as a co-owner, you should have an equal right to possession of the car. Check with the local police to confirm your right to possession, and so they don't treat the car as stolen if you retrieve it. It is unlikely that the police would assist you in recovering the car, but you can ask.

Once you have the car back, if it is titled in South Carolina, the easiest thing to do would likely be to return to South Carolina and follow that state's laws in relation to exercising your contractual right to sell the car. You may have to get a court order, given that the other owner is not likely to cooperate in signing the title.

Your friend could theoretically sue you in either state.