who has right of possession?

[sweetcakes795]

What is the name of your state? Arkansas.
Two months ago I put a vehicle in my name, but my sister was supposed to make the payments and keep the vehicle. In the past 2 months I have received 3 statements from the bank,(1 on insurance, 1 on title not turned in, and 1 for late payments being made). Recently I have found out that she is letting her boyfriend who is illegally in the US drive the vehicle. He has no driver's license and is not on the insurance. He has been citated a couple of times for no driver's licenses and DWI. There was no agreements between my sister and myself concerning the vehicle in writing. I have told her several times over the past 2 months that I did not want her boyfriend driving the vehicle because it is in my name and all insurance is in my name with her listed as an occasional driver. I told her that I wanted possession of the vehicle due to her boyfriend continueously driving it and drinking, but she refused. The police was called, but the officer that called back said I would have to take her to court to get the vehicle back. Why can't I take possession of the vehicle? Her name is no where on the title or paperwork on the vehicle...just as an occassional driver on the insurance?

 

[I AM ALWAYS LIABLE]

In the voice of your Arkansas sister, with a heavy "twang" accent:

"Once I got his credit card, I hit the ritziest home shoppin' channel on T.V.!

I got two Black Hills gold ankle bracelets, stirrup pants . . . Oh! And a set of those press-on nails with diamonds built right in!

Now, I know it's wrong . . . but, I do not care!

I feel like the prettiest girl (sniff, sniff) . . . in the whole trailer park."

IAAL

 

[I AM ALWAYS LIABLE]

My response:

If you still have a set of keys, just go get your car. This is simple.

IAAL

 

[dslproducts]

Call her, ask her to bring it back. When she refuses warn her you will report the car stolen. If she still refuses then file the report. You will have your car back in no time!

 

[sweetcakes795]

I don't have a key to the car, but when I called the police to help with this matter, they didn't even come out...the officer called me back! He said I would have to take her to civil court because she made 2 monthly payments! She forged my name on the insurance papers and the 2 money orders she used to make the payments...if it comes down to me having to press charges, can I add forgery to the list???

 

[dslproducts]

You went about the whole process with the police the wrong way. You cant expect the police to get invovled as a civil recovery. If you hold the title and it is in your name and hers is not anywhere on it then it is your property. If she is refusing to return it then that is theft.

You can bring your title down to the local dealership and get another set of keys cut for the doors and ignition. Then you can either recover it yourself, or report it as stolen.

If you do not mind her getting in trouble with the law then call the police, report the stolen car. When asked how it happend, explain that you let her borrow the car and she is now refusing to return it. Its a clear stolen car at that point.

 

[teflon_jones]

You went about the whole process with the police the wrong way. You cant expect the police to get invovled as a civil recovery. If you hold the title and it is in your name and hers is not anywhere on it then it is your property. If she is refusing to return it then that is theft.

Wrong. The car was given freely to her sister. Failure to return it is not theft.

You can bring your title down to the local dealership and get another set of keys cut for the doors and ignition.

Possibly, if the car was purchased new from a dealer and they still have the records for it.

Then you can either recover it yourself, or report it as stolen.

Wrong. That would be filing a false police report.

If you do not mind her getting in trouble with the law then call the police, report the stolen car. When asked how it happend, explain that you let her borrow the car and she is now refusing to return it. Its a clear stolen car at that point.

Wrong, wrong, and wrong. This is a civil matter, not criminal. The OP could be prosecuted for trying to pursue this as a stolen vehicle.


If you want the car back, and know where it's located, have it towed to a dealership and have them change out the locks. Then your sister can't drive it any more. As the legal owner, you can do what you want with the car. My advice is to do this IMMEDIATELY. You're already committing insurance fraud by only listing your sister as an occassional driver. If there's an accident and the insurance company finds this out, they'll deny coverage. As the registered owner of the car, you're liable if your sister or her boyfriend gets in an accident while driving the car. This could ruin you financially. Spend a few hundred bucks to have it towed and to have the keys/locks changed. It'll be the best money you ever spent.

 

[sweetcakes795]

I called yesterday and had her completely removed from the insurance. A lawyer that I spoke with told me that I could call and drop the insurance and let the bank repo the car and then put insurance back on it in order for it to be released to me and just not give it back. Then if she tried to take it, just report it as stolen because then it would be.

Wrong. The car was given freely to her sister. Failure to return it is not theft.



Possibly, if the car was purchased new from a dealer and they still have the records for it.


Wrong. That would be filing a false police report.


Wrong, wrong, and wrong. This is a civil matter, not criminal. The OP could be prosecuted for trying to pursue this as a stolen vehicle.


If you want the car back, and know where it's located, have it towed to a dealership and have them change out the locks. Then your sister can't drive it any more. As the legal owner, you can do what you want with the car. My advice is to do this IMMEDIATELY. You're already committing insurance fraud by only listing your sister as an occassional driver. If there's an accident and the insurance company finds this out, they'll deny coverage. As the registered owner of the car, you're liable if your sister or her boyfriend gets in an accident while driving the car. This could ruin you financially. Spend a few hundred bucks to have it towed and to have the keys/locks changed. It'll be the best money you ever spent.