What are my rights if my mother and I are co-borrowers on an auto loan?

Recently she became angry with me for turning down a job offer, insisting my decision was drug related, which it was not, and took the car from my driveway with out my knowledge. She is not threatening to surrender the car to the bank, even though I have been making the payments every month. Do I have any rights to contest the surrender? and if not, do I have any rights to take her to court for the money I have paid on the loan?

Asked on January 13, 2013 under Bankruptcy Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The real question that you need to answer is who is the registered owner of the vehicle that you have written about as opposed to who are the co-borrowers. If you are the sole registered owner of the vehicle the car is yours and your mother has no right to take it away from you unless you are a minor.

If she is also a registered owner as to the vehicle, she has the right to use it herself.

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 AttorneyPages.com 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.