If I’m on a car note and title as the primary and the co-signer was the person who was going to pay for it and use it but they’re not making payments anymore, can I take it back and sell it?

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If I’m on a car note and title as the primary and the co-signer was the person who was going to pay for it and use it but they’re not making payments anymore, can I take it back and sell it?

The title has my name or his name.

Asked on October 29, 2012 under Bankruptcy Law, South Dakota

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You will need to see if you live in a friendly repossession state. This is nver a good idea to put your name on a vehicle if someone else is using it because if there is a car accident, you will be sued. You will need to see if the car can be repossessed or if you need this person to basically sign title over fully to you and you register the new title. If this doesn't work and the person is unwilling, you will need to sue for it back.


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