Can my boyfriend be arrested for taking a car that has his name on the title?

The title to the car has my boyfriend and his mother’s names on it. His sister took out a loan that does not have his name on it. Because his sister does not want to pay her own loan, she is threatening to have his mother report the car stolen to satisfy the loan. Will the police even entertain the idea of arresting him? His sister claims the loan company will not come to us out of state to repossess the car. I believe she is lying but the loan company will not speak with him. How can we get them to take the car because she’s not co-operating?

Asked on July 22, 2012 under Bankruptcy Law, Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your boyfriend is one of the people in whose name the vehicle is in, under the law he should not be able to be arrested let alone convicted of a car that under the law he owns due to title documentation.

It seems as though the sister is trying to perpetrate a fraud as to the lender and the insurance carrier for the vehicle. If your boyfriend does not want possession of the vehicle, he should call the lender for the vehicle and arrange for the car to be picked up and taken away from where it is presently located.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.