Primary Borrower's Rights when Co-Signer Won't Make Payments

**EHamm** · 12-05-2009, 09:14 AM

I am the Primary Borrower on an auto loan with my daughter as co-signer. (I was trying to help her build her credit). She was going to college, dropped out. Both our names are on the tilte as OR. Now she has stopped making payments. She refuses to talk to me about this. I carry the insurance on the vehicle, I also pay all the Arkansas personal property taxes and registration (Registered in both our names) Can I legally go and get the vehicle?

**Mr. Knowitall** · 12-06-2009, 03:30 PM

You're a co-owner, so you're as entitled to possession as she is. With the "or" between your names in the title, you may be able to sell the vehicle without her consent; but you should check with the DMV of the state involved to confirm your rights.

**EHamm** · 12-08-2009, 04:25 AM

Thank you Mr. Knowitall, for your reply. We are going to the lawyers office this morning. Will let you know what happens.

**EHamm** · 12-09-2009, 04:04 PM

Lawyer said he could help, but it would cost more than the car was worth. He said we could file the papers ourself. We went to the office he sent us to they said, "We don't do that, you will have to go here." :So they send us to another office. And guess what that office said? "We don't do that, you will have to go back to the other office." In between the offices was a Judges office. I stopped in and ask if they could tell me where I need to go. "To a Lawyer." So with my head hung down. I headed home. On my way home I found the car out at a gas station (running). We took it. I called the local sheriff office, and told them that I took it, and if they get a report of a stolen car. It was not stolen it is going home with me. I was on the title and she was not keeping the payments up. Sheriff said ok, they would put it on record that I called. Of course she called an reported it stolen, when they ask her her name they told her "No your Mom has it." We are re-financing tomorrow, without her name on the title.

jk · 12-09-2009, 04:44 PM

Quoting EHamm

, when they ask her her name they told her "No your Mom has it..

I would have loved to see and hear the response to that.

**EHamm** · 12-12-2009, 04:13 AM

I was on the phone with the dispatcher, when she showed up at our house . It wasn't pretty. I ask dispatch to send a deputy out. My daughter left before they got here.