Parents Have My Car

Here's the deal. I am 19 years old and live in Omaha, Nebraska(19 legal age of adult). I recently got kicked out/moved out of my parents house. A few weeks earlier I had just purchased a new car.

I did not have enough credit to get a loan for it so my dad co-signed for me(not: he's a co-signer, not co-applicant). The car is titles in my name, and my name only. The insurance and everything is also in my name and my name only, they are not legally allowed to even drive the car and can't sell it either since the title is in my name.

They refused to give me the car, I called the police. Police didn't really listen to me at all. They said my parents have equal ownerhsip of the car since their name is on the loan. I went back to the bank, the banker said she has no idea how that can be true. She said that as far as they are concerned the loan is in my name, with my parents only as co-signers as back-up. They don't have any legal control over the loan and can't even cancel it or change it in any way.

I also called six other banks and explained the situation, they all agreed, the title is in my name, the insurance is in my name, the loan is in my name. The car is mine and right now technically stolen.

Does anyone have any opinion on this? What else can I do?? I called the police and they totally ignored all this when I tried explaining it to them. I mean, I'm the one who's going to be paying for everything on the car and everything's in my name. Should not the car be in my possesion?

Also, the title was sent to their house since I lived there at the time of purchase. My parents refuse to give me the title(which has my name only on it). Is this not also theft of some sort?

Thanks for any help.

Well there is another side of this story...your parents side. I'm sure they have their reasons but you and the bank are correct. They do not have a legal claim to this car. Have you given them reason to take it back? Late, missed payments?

Since the police will not get involved, your best way out of this is to work out your problems with your parents.

No I have met all payments, registration, insurance, etc. They are just angry at my moving out and are trying to make it difficult for me so I come back. I have a very good steady job and there is no problem money-wise. Also, there is no working anything out. they absolutely refuse to give it back to me, only way I'm possibly going to get it back is through a legal route, I just wanted to find out if I'm 100% legit.

What is the value of the car?

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Quoting gigirle

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Well there is another side of this story...your parents side. I'm sure they have their reasons but you and the bank are correct. They do not have a legal claim to this car. Have you given them reason to take it back? Late, missed payments?

Since the police will not get involved, your best way out of this is to work out your problems with your parents.

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the OP being late on payments or even missing them does not give a co-signer any rights to repo the car. It would only allow them rights to sue for the money.

Green Tempo, this can get ugly if you want but there are ways to do it. Don;t know where your parents live but if outside the city limits, there are often more than one police force that has jurisdiction over an area and do respond to calls. If there is, I would sugggest talking to the other police force that can cover the area.

What your parents are doing is illegal (at least with the info you have provided). I would give the police one more shot at it and ask them to assist you in you picking up your car before going further.

You can file with the DMV for a new title and have it sent to your current address so that is not a problem.

If the police refuse to help, even with proof it is only your vehicle, I would contact the prosecutors office and speak to them about filing charges against your parents for one of several possibilities;

theft and/or conversion come to mind but there may be other appropriate charges possible.

Like I said, it can get ugly.

I would strongly suggest you work this out with your parents rather than going this route but it is avaialbe to you.

One other thing that may urge them to release the car.

Speak with an attorney and ask him/her to write a letter citing proper authority for them not maintaining possession of the car and the legal consequences should they continue to not allow you to claim your vehicle.

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Quoting jk

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the OP being late on payments or even missing them does not give a co-signer any rights to repo the car. It would only allow them rights to sue for the money.

Green Tempo, this can get ugly if you want but there are ways to do it. Don;t know where your parents live but if outside the city limits, there are often more than one police force that has jurisdiction over an area and do respond to calls. If there is, I would sugggest talking to the other police force that can cover the area.

What your parents are doing is illegal (at least with the info you have provided). I would give the police one more shot at it and ask them to assist you in you picking up your car before going further.

You can file with the DMV for a new title and have it sent to your current address so that is not a problem.

If the police refuse to help, even with proof it is only your vehicle, I would contact the prosecutors office and speak to them about filing charges against your parents for one of several possibilities;

theft and/or conversion come to mind but there may be other appropriate charges possible.

Like I said, it can get ugly.

I would strongly suggest you work this out with your parents rather than going this route but it is avaialbe to you.

One other thing that may urge them to release the car.

Speak with an attorney and ask him/her to write a letter citing proper authority for them not maintaining possession of the car and the legal consequences should they continue to not allow you to claim your vehicle.

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Ding, ding, ding.... I agree.

Well it got ugly. Polcie told me it was my right to come pick up my car so i had a new key made, came to my house and my car was misisng, they hid it form me. Cops came said they had to get it back to me or they'd arrest them. I work the nightshift, told thme(all in fornt of cops who agreed) that it'd better be at work at 10. It wasn't. Waited till midnight, called them a few times and left them a message.

Called the cops again at midnight. They went to my parents house, arrested my mom for felony grand theft auto(it was a civil issue, when she drove it and hid it form me it became criminal). They made my dad go get it or face even more serious charges for obstructing justice. The car is now in my possesion free adn clear.

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Well it got ugly

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Yes it did, good luck, I hope you can work things out with them sometime in the future.

sorry to hear it become what it did but I suspect if your parents did this with the knnowledge of the seriousness of their actions, there is a lot more to the story with your relationship and them.

Hopefully the saying "time heals all wounds" will be appropriate for your situation.