family drama

[fedupwtbs]

South Carolina is where this is taking place. Ok here's the story. Almost five years ago I need to buy a new vehicle for myself and my children. I had the credit for the loan but didn't have the income for it and the loan company wouldn't let me use my husbands income as my own. SO I asked my dad if he would take the loan out in his name for me and I would pay him the payments. He agree knowing that I have always kept my word and paid all of my bills on time. Now here we are in the present day nearly five years later. I am moving out of state and my dad is mad about me moving so to prevent me from successfully moving to where my job has relocated me to, he has demanded I return the vehicle which will be paid off in only three months. Now he is trying to seize it bc of a personal vendetta and just leave me high and dry. I have paid 300$ a month for the past five years on this vehicle all with the agreement that the vehicle will be transfered into my name once the loan is paid. Is this legal? He claims if I don't return the vehicle he will report it stolen and put out a warrant for my arrest for stealing his car. Someone tell me he can't do this to me, please.

 

[sandyclaus]

South Carolina is where this is taking place. Ok here's the story. Almost five years ago I need to buy a new vehicle for myself and my children. I had the credit for the loan but didn't have the income for it and the loan company wouldn't let me use my husbands income as my own. SO I asked my dad if he would take the loan out in his name for me and I would pay him the payments. He agree knowing that I have always kept my word and paid all of my bills on time. Now here we are in the present day nearly five years later. I am moving out of state and my dad is mad about me moving so to prevent me from successfully moving to where my job has relocated me to, he has demanded I return the vehicle which will be paid off in only three months. Now he is trying to seize it bc of a personal vendetta and just leave me high and dry. I have paid 300$ a month for the past five years on this vehicle all with the agreement that the vehicle will be transfered into my name once the loan is paid. Is this legal? He claims if I don't return the vehicle he will report it stolen and put out a warrant for my arrest for stealing his car. Someone tell me he can't do this to me, please.

I'd like to, but I really can't tell you what you want to hear.

I'm assuming that since the loan is in Dad's name, the title and registration is as well? If that's the case, by all rights, the vehicle belongs to Dad, and he can pretty much do whatever he wants. The money you have been paying him will probably be seen as a rental and maintenance fee.

Your only recourse may be to pay Dad those last 3 payments ahead of time to complete the payment schedule you agreed to (making sure to have Dad sign a legally binding agreement to sign over the vehicle title over to you). If you can't do that, then Dad can claim the vehicle is his, and certainly can file a stolen vehicle report against you.

 

[Sherri344]

Do you have proof of payments you made to your father? I cannot imagine him getting away with this if you can show proof that you have always made payments, and only have 3 left. I also am shocked and saddened this is happening between a father and daughter. I did watch a court case on TV just like this, and the person buying the vehicle got to keep it, because it was obvious they had made payments all along, and only had a couple left. This looks more to me like a situation for some type of counseling between your father and you as him doing this with the car just because you are moving shows it really has nothing to do with the car. I think you should sit down and talk to him and find out what is really going on. And if you cannot get this fixed, call an attorney and get a free consultation.

 

[Indiana Filer]

not factual information

Sherri, you need to provide legally accurate information on here, not just your opinions.

 

[sandyclaus]

Do you have proof of payments you made to your father? I cannot imagine him getting away with this if you can show proof that you have always made payments, and only have 3 left. I also am shocked and saddened this is happening between a father and daughter. I did watch a court case on TV just like this, and the person buying the vehicle got to keep it, because it was obvious they had made payments all along, and only had a couple left. This looks more to me like a situation for some type of counseling between your father and you as him doing this with the car just because you are moving shows it really has nothing to do with the car. I think you should sit down and talk to him and find out what is really going on. And if you cannot get this fixed, call an attorney and get a free consultation.

Sherry, real life law and justice is NOTHING like the "dog & pony" court TV shows. Those are all about ratings, and not always legally sufficient in their "judgments" (which really are just legally binding mediations).

If Dad owns the vehicle (has the title), then Dad has control of the vehicle. No, it's NOT right that he is using the car as a means to punish his daughter for trying to gain some independence. But unfortunately, it IS legal.

Unless there is some written contract between the two of them to support this payment arrangement, all the daughter has been doing is essentially paying for the cost to use and maintain said vehicle - which is pretty much what a judge would (likely) say. If Dad wants to repossess it, he can do that, and there isn't much the daughter can legally do to stop him.

You did get one thing right - it definitely sounds like a power struggle between Dad and the daughter, with the car stuck in the middle. Dragging this situation into the courts will probably not help matters much.