co-signed for ex-wife. She's not making payments. Both our names are on title. I don't have any paperwork for the vehicle. Will the dealer lookup their records and see that my name is on the car and make me a key so I can repo it myself?
State: NC
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ExpertLaw Forum - Help With Your Legal Questions
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co-signed for ex-wife. She's not making payments. Both our names are on title. I don't have any paperwork for the vehicle. Will the dealer lookup their records and see that my name is on the car and make me a key so I can repo it myself?
State: NC
Yes, there is a good chance that you could get a key made. However, even if you are on the title, this does not mean you can go get the car. Who is the car registered to? Who owns the plates on the vehicle? Who pays insurance?
Chances are, you will need a writ of possession to legally take the car (even if the owners are listed as "or"). If you take the vehicle without talking to the courts first, you have stolen the car. I know that, according to the title, you own the car as much as she does; but that does not always help.
To actually "repo" the car, you have to either: A) be the lendor that has a claim on the secured interest(the car), or B) be contracted by such a lendor.
If you have no contract or court order saying you can take the car, you could be charged with stealing it.
This information is based solely on my work in Georgia, and may differ in North Carolina.
I called the dealership today. They said they would make one for me but I'd have bring in the car so they could match signals. Obviously, I can't do that, otherwise I wouldn't need a key made.
It's a 2005 Toyota Corolla.
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