What do I do if my mother is the lienholder on my car and she’s trying to repossess it but I don’t owe her any money?

I got into an auto accident that wasn’t my fault. I was taken to the hospital and my car to an impound lot. I got a lawyer who advised me to keep the car there until the other drivers insurance company had a chance to look at it. I did. My mother, who is the lien holder on my car (but without any kind of contract saying so), went to the impound lot and took it out. She now has the car, won’t return it and is taking me to court to repossess it. She has no proof I owe her any money because I don’t and my name is the only one on the actual title, she is only the lienholder.

Asked on December 13, 2010 under Bankruptcy Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Ok so is she the lien holder or isn't she the lien holder?  Did you have an oral contract to repay a loan for the car and are you saying that you fulfilled the contract?  What proof do you have of the payments made?  Were they in cash?  Do you have any receipts?  If your Mother is bringing the action then she is going to have to prove the contract in the first place so that is really not your problem.  What you are going to have to prove is that the contract was fulfilled and satisfied.  But she has to prove the oral contract first in order to get to your defense of the claim of no payment.  I would counterclaim for conversion of your personal property.  You may need some legal counsel on this.  Get some help.  Good luck.   


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