Legal Car Theft / Dispute?

[schleppy]

[1/2pint]

i am still going with the option of setting the car on fire and claiming he did it to get back at her. then just give her a black eye and say he hit her..

the cops will beat the crap out of him

[S4R_GRL]

Were they married? If so, marital assets (including this vehicle) are split 50/50. She needs to protect
herself by staying in touch with the bank and assure all payments are made
in a timely manner. He should (big should) not be able to get her
name off the title anymore than she could his. And unless he signs her
name illegally he should not be able to sell the car (bank holds the title and will require her signature for a sale).

A judge will not look favorably on his behavior, they are interested in the best interest of the kids and since the (fucktard?) isn't the judge will not be happy.

Her best option is to get her lawyer to get this in court fast. Family courts
usually accomodate the need for speed.

Edit: all state laws are different, she should try to call the family court (and try to get someone with a pulse) and ask questions.

[banzairx7]

Ive cosigned for people in the past for car loans. In those situations anything related to that loan went against me. If they didnt pay my credit would go south, not theirs. They also didn't get any credit for loan either. It maybe if you stop paying he will get the black mark on his credit and the car repoed.

[wylee]

...both their names are on it....

...stole the car from her....

Are both their names on it or not?

[butcher bergs]

Too easy to just turn and run?

My question is why would you want to get in the middle of all that?

To each their own I suppose...

[ssg]

or the car will be set on fire.

You've got the answer in every other post. Now get the mods to peel this out of the site database, and start rubbing some sticks together.

[Cowboyrider]

Wow, work is now showing up on the fun boards. Way weird!!!

Ok, so when the lady friend was with her ex (her sons deadbeat father)...he cosigned for her car. Shes the primary on all the paperwork but obviously both their names are on it. Its her only vehicle, which she obviously needs to get to work and get her son to daycare, etc.

So last night, while I'm working on the race bike she calls me in hysterics. Apparently like 15 minutes after she got home, he was waiting in the parking lot and stole the car from her. Left all her shit in the strewn across the parking lot, and sent a text message basically saying that hes taking the car back. (he has his own car mind you). He's pretty fucked up, and thinks this is his way of "teaching her a lesson"....and honestly thinks that if she doesn't have a car, it'll help his case in court or something. even if the reason she doesn't is because he stole it back ha.

So I went over there, her mother picked up her son to take him for the night....and we were trying to figure out what to do. We went for a drive and happened to see an LEO so I asked him for advice, he suggested a Civil Standby and go get the car (which was now in Weare, NH at the kids house as we found out). So we tried that....the Weare PD basically said theres nothing we could do except take him to civil court and work it out there....the only issue is obviously what does she do in the mean time. We didn't go pick up the car last night ourselves because the cops basically said dont do it or it could be trespassing or something. They did mention that he doesn't have any legal right to deny her access to the car....which he is doing.

So as I type this apparently the kid is going to the bank to "refinance" the car and get her name off of the title and loan (he actually thinks he can do that haha). The kid is seriously f'd up, he thinks he is doing the right thing to get custody of their son ha.

I don't want any of the "told ya there was too much baggage" bs.....We've gatta figure this out, I know there are some LEO's on here...maybe anybody else that has some ideas on how to go about this?

[RyanNicholson]

They weren't married and I doubt the names on the title will be able to change. It wasn't legally "stolen" obviously since his name was on it, but he still took her only vehicle without her permission.

[RyanNicholson]

i would drop here like a bad habit....too much drama

in theory, sure.....but i'm not about to walk away from a relationship i'm happy about because this kid is an asshole.

[wylee]

They weren't married and I doubt the names on the title will be able to change. It wasn't legally "stolen" obviously since his name was on it, but he still took her only vehicle without her permission.

I don't suppose she gave him any reason to be pissed.

She was keeping a jointly owned vehicle from him. That was okay. He is now keeping the same jointly owned vehicle from her and he's a cocksuckin', rotten, mutha fuckin' asshole....sounds about right.

Having been in a similar situation once, I can absolutely guarantee I will not co-own or co-sign with anyone I'm not married to again.

One of them needs to buy the other out or the car needs to be sold. It sounds as though that won't happen without a lawsuit now though.

[dhuze]

If he's the co-signer and she is making the payments the car is still hers. He doesnt have a legal right to the car unless she misses the payments. I think a lawyer is who you should get legal advice from.

[1/2pint]

has she called the bank to get a record of the payment?

[Honclfibr]

Indeed, the issue at hand seems to be who made payments on the car. If they both made payments it would seem that they both owned part of the car, and that needs to be resolved. If only one of them ever made payments on it, that person should own the car.

[RyanNicholson]

I don't suppose she gave him any reason to be pissed.

She was keeping a jointly owned vehicle from him. That was okay. He is now keeping the same jointly owned vehicle from her and he's a cocksuckin', rotten, mutha fuckin' asshole....sounds about right.

Having been in a similar situation once, I can absolutely guarantee I will not co-own or co-sign with anyone I'm not married to again.

One of them needs to buy the other out or the car needs to be sold. It sounds as though that won't happen without a lawsuit now though.

would you go out of your way to leave the mother of your child without a car?


+1 on not co-signing anything....i've been fucked on that deal to.

[RyanNicholson]

Indeed, the issue at hand seems to be who made payments on the car. If they both made payments it would seem that they both owned part of the car, and that needs to be resolved. If only one of them ever made payments on it, that person should own the car.

shes made all the payments, the insurance is in her name only, and shes paid for all maintenance (and made the down payment).

on paper he is unemployed...he makes like $300/wk under the table. This is how he got around paying for child support as well.

[Honclfibr]

on paper he is unemployed...he makes like $300/wk under the table. This is how he got around paying for child support as well.

I'm pretty sure it doesn't work that way? The court should be able to calculate what he *should* be able to earn and assess child support that way.

Also, I think failing to search for a job could be considered contempt.

[RyanNicholson]

I'm pretty sure it doesn't work that way? The court should be able to calculate what he *should* be able to earn and assess child support that way.

Also, I think failing to search for a job could be considered contempt.

yea somethin like that, i'm really not 100% sure thats why....but I do know he doesn't pay her anything. I just can't for the life of me figure out what is going through this kid's head.

[1/2pint]

if he is not on the insurance and has not made a payment it is going to be grand theft on his head. call the leo in the town and report it stolen with out permission

[RyanNicholson]

if he is not on the insurance and has not made a payment it is going to be grand theft on his head. call the leo in the town and report it stolen with out permission

tried, since his name is on the title as the secondary he still has a right to the car....when it was parked on his property (well, his parents property) they said she didn't have the right to take it back off private land without his permission. even though thats exactly what he did.

this is where the problem lies. its a "he said/she said" civil thing....though the fact that she made all the payments and is the primary will help her in civil court.

[1/2pint]

tried, since his name is on the title as the secondary he still has a right to the car....when it was parked on his property (well, his parents property) they said she didn't have the right to take it back off private land without his permission. even though thats exactly what he did.

this is where the problem lies. its a "he said/she said" civil thing....though the fact that she made all the payments and is the primary will help her in civil court.

does she have tripple A? if so say the car is broken down and you need a tow. then have them remove it for her

[wylee]

would you go out of your way to leave the mother of your child without a car?

No, not unless she was being uncooperative in getting me off the loan. ie: paying it off or refinancing.

on paper he is unemployed...he makes like $300/wk under the table. This is how he got around paying for child support as well.

He would be assessed child support on his ability to earn if the court found him to under or unemployed. NH also has a minimum support order of $50 a month.

I'm pretty sure it doesn't work that way? The court should be able to calculate what he *should* be able to earn and assess child support that way.

Also, I think failing to search for a job could be considered contempt.

^ That is correct.

Being in arrears more than 6 months of court ordered child support is a felony in NH.

Does she have an order of support in place now?

[wylee]

If he's the co-signer and she is making the payments the car is still hers. He doesnt have a legal right to the car unless she misses the payments. I think a lawyer is who you should get legal advice from.

As a co-signer, he would have no right to the car rather she was making payments or not. The only one who can repo is the lien holder. The joys of being a co-signer.

I this case he is the co-owner as well as the co-signer; wise move on his part.

[RyanNicholson]

interesting info... I'm sure she knows more the deal specifically with the child support and custody situation. Thats all her and not really my place to chime in though. I was just kinda painting the picture of how this kid is.

[wylee]

interesting info... I'm sure she knows more the deal specifically with the child support and custody situation. Thats all her and not really my place to chime in though. I was just kinda painting the picture of how this kid is.

Wise of you to stay out of it. It sounds like you car alot about her though; you should make sure she knows her rights and then she can proceed as she sees fit.

FWIW - She is entitled to 25% of his net earning ability and establishing an order is pretty simple. The form packages are available at the courthouse.