My question involves an auto loan or repossession in the State of: Illinois/New Jersey
Because of a broken engagement several years ago and many late medical bill payments for our daughter, which ruined my credit, as an "apology", my daughter's NJ father purchased a vehicle "for the use and transport of his daughter" for me to use, since I live in Illinois. Long story short, the vehicle is registered in his name, with my address, in the state of Illinois, where I live, and he holds the loan on the vehicle, yet the payments, over $300 a month, are deducted for my child's child support. At the end of the loan, the vehicle is supposed to be titled to me, and the child support corrected to the right amount.
Three months ago, I had my oil changed at a BP/service station, and twice the same day, the oil filter blew off - once in the station, which they "fixed" and replaced with the same one - and again, on the highway, with my daughter in the car, resulting in total, immediate loss of oil and irreparable damage to the engine. The service station owner refused to take responsibility, while admitting that day that they used the wrong oil filter because the "Napa" book was wrong. I made several attempts to get them to repair my car. I finally took it to another shop. The engine needs to be replaced, and I have tried to get the original service station's insurance to cover the repair because of the damage they caused. The insurance company is also refusing to take responsibility. I have hired an attorney, and we may have to go to court, but she is very skeptical that we will prevail, and basically says I'm out of luck. The replacement cost for a new engine is $5300, including labor. I cannot afford it, as I am a single mom/underpaid school teacher, and the 300 is coming out of my daughter's child support every month.
My daughter's father refuses to even discuss the issue with me. He knows his daughter has no transportation to school or her activities, and I am at risk of losing my job because I have no reliable transportation - I have been relying on rides and borrowed vehicles for three months now, and it looks like the car will not be repaired. In order to keep my job 30 miles away (there is no public transportation) I may have to abandon our home - the home my daughter has grown up in for 10 years - and find a place to rent in the town where I work, which has bus service. There are still 8 months of payments on this vehicle, but I have not had use of the car for three months. The second repair place, the good one, has asked me to move the car, or it will start incurring storage fees.
Since the car is in the father's name, the loan is in his name, is it safe for me to abandon the vehicle and have the service company call him to have it removed? He will not help with the situation in any way - I tried communicating with him about two months ago, and he completely cut off communication with me and with his daughter, who is 12. If I have it towed back to my house, the police will start sending me threatening letters and charge me fines and possibly take me to court for having an inoperable vehicle, which is a city ordinance. Eventually they will tow it away and impound it. Because it would be on my property, would I be responsible for all of that, or is he, since it is registered to him. What should I do with the car?
The car is a 2004 Toyota Rav 4. It is now non-driveable. I was really looking forward to having a car in my name after it was paid off. Now there is a hulk of a garbage can sitting at the car place, and my hands are tied.
Non-Custodial Parent Holds Loan on Car That I Drive
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