What is the name of your state (only U.S. law)? Indiana
I have no idea under what area this would come, but please help me.
I recognize that some of this must be worked out on a personal level, but some of it is legal.
In November of 2004, my girlfriend and I purchased a vehicle together from Mike Raisor Pontiac in Lafayette, IN. There was a five year lien on it, from Sand Ridge Bank, now First Financial, with payments of approximately $256/month. Sharing the vehicle and residing together in Lafayette, IN, we would often pay $300 a month in order to pay the car off sooner.
We broke up on September 23rd, 2007, and it ended officially with her moving out on December 2nd, 2007 at which point she agreed to pay for half the current value of the vehicle. She took the vehicle, on that day, without ever asking me, nor without every paying me anything at that or any time and, on January 24th, 2008, rationalized that while I keep the apartment, for which we paid month to month, she keeps the car, toward which we were paying off a loan for ownership. She also stated that I paid for the car while I was using it and she paid for the apartment while using it.
On 2/3/08, she sent me an email where she claims that she was told, by the bank (First Financial Bank of Indiana), "In order to have your name removed you must compose a letter stating such and then send or fax it to them." I did this and sent her the other key thinking that the situation was fully resolved. It wasn't and she moved to Philadelphia, PA in March of 2008 with the car, completely unbeknownst to me. It was not until she contacted me on May 22nd, 2008 and stated, “I have spoken to Sand Ridge Bank and in order for the letters you and I sent them about the title to be finalized you will need to go to the local branch (at 3690 Concord Rd) to pick up the title and appropriate paperwork. Once this paperwork is complete it will need to be taken to the license branch to inform them that sole registration of the vehicle is no longer in your name. Once this has been done the title will need to be returned to the same bank branch on Concord Rd.” My ex had taken care of it on her end by contacting the bank and I just had to pick up the title and fill it out and it should be settle. In an attempt to resolve this, at my earliest convenience and ability to arrange to borrow a vehicle from a friend, I then retrieved the car's title from the aforementioned bank, on June 18th, 2008. I took the title, informed Carol at the bank, spoke with her and she said to take it to the BMV, filled it out appropriately at the Indiana BMV, and, per their advice for completion, I sent it to my ex to finish on 6/20/08. On June 18th, my ex stated, “hey, just send everything to me directly. I'll take care of it from there. most likely I am going to drive the car back in august and sell it.” I scanned the two letters from the bank as well as the filled-out title and included them in the email sent on June 18th, right before the paperwork was sent out.
She claims she never received the title. We kept in communication slightly and she told me she would contact me when, and if, she receives the paperwork. On July 21st, after assuming the title was lost in the mail, I sent my ex this email, “I called today. I called the bank. The head offices (for First Financial). They put me on hold for the entirety of my break so I couldn't get through and had to hang up and get back to work.” As a response, she said “don't worry about it, dude. I'm over it.” I was surprised, and, in response the same day sent an email stating, “Over it??? Doesn't it have to be done??? You didn't get the paperwork did you??” At 6:25pm that day, I received her response of “no, I didn't get the paperwork. It has to be done if I want to get it registered here but I am probably going to just get rid of it because I hate it. I'm done worrying about it.”
Last week, on 8/27, she tells me that she no longer wants it and refuses to pay for it. The car is 700 miles away from me in Philadelphia, PA. I have no keys, I have not seen the car since January. I have no idea of its location, aside from probably somewhere in Philadelphia and she has claimed that she will send me the payment book for the loan but not the keys or location. This will do serious damage my credit. I cannot afford to get out there and was under the impression everything was resolved, by my ex and the bank in early February. I did everything she and the bank stated to do to have my name removed from the title and loan. What can I do? Please help! I have all my dates and e-mail exchanges regarding this matter as well as call records.
There may be more missing, and this isn't terribly well written, but it is very confusing and I have no idea how to resolve this properly.