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Take the car now or later?

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tmc26

Junior Member
Trying to keep this in a nutshell as much as possible:
-From 2010-2012, my brother & his wife did work around our home in exchange for an extra car we had & didn't need. We never signed it in their names (& can't for personal reasons). Everytime they came, I babysat their kids & fed everyone. Alot of the work needed to be followed up/finished by me the next day. I looked passed that & even gave them the car just 6 mos into them finishing.
-They have recently decided to disassociate themselves from my entire family & it isn't going to change (I've given it a good while before making quick judgment). They tore the car apart just having it after a month & it is not in use (w/plates turned in) in their driveway. They want it just to say they have it basically instead of fixing it.

My point: I HAVE to take it back b/c if they (or her druggie family they've mentioned renting the car to) get in an accident, the car has no insurance since the plates are turned in & my family & I can lose everything.
I have to pull the car.
My mother just got an unnecessary restraining order put on her yesterday & is signing in agreement on the court date on the paper (6/19). I was waiting to pull the car when I know my husband will be hm more w/work (fall). Would it be better to do it now? Reason being: there's only 1 key to the car (a copy is $100 b/c of a chip in it). When I call the tell him I'm getting it towed home, he will go crazy & I can tell him if he refuses to give the key w/it, I will report it stolen & it won't look good in court on 6/19. I will have to put restraining orders on them too b/c I have 3 little ones & mostly by myself & they are crazy. His wife has crazy family too (who've they've admitted to hiring ppl to "take care" of others). So I'll be scared out of my wits when it happens.

So questions: Pull the car now or later? Thanks!!

What is the name of your state (only U.S. law)? LA

NOTE: If you MUST know, they company who finance the car cant FIND my name in the system, meaning I don't have a TITLE. So I'm stuck w/it under my name. I'd love to find a way to sign it over so I'm not liable! So thanks for the assumptions!
 
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Eekamouse

Senior Member
Why can't you just sign it over to them and be done with it? Why be petty and try to take it back now?
 

justalayman

Senior Member
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From 2010-2012, my brother & his wife did work around our home in exchange for an extra car we had & didn't need. We never signed it in their names (& can't for personal reasons). Everytime they came, I babysat their kids & fed everyone. Alot of the work needed to be followed up/finished by me the next day. I looked passed that & even gave them the car just 6 mos into them finishing.

NOTE: If you MUST know, they company who finance the car cant FIND my name in the system, meaning I don't have a TITLE. So I'm stuck w/it under my name. I'd love to find a way to sign it over so I'm not liable! So thanks for the assumptions!
then actually you have a problem. You "paid" them with the gift of the car but you cannot actually give them title to the car. If you take the car, how to you intend on compensating them? They currently have equitable title to the vehicle and if take the car, you are actually stealing their car.

as to wanting to sign it over;

if the finance company cannot find your name in their system, then you obtain a duplicate title and ask the finance company to sign a release of lien so you can transfer the title. If they cannot prove a right to continue the lien, they really have no choice but to release it.
 

tmc26

Junior Member
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then actually you have a problem. You "paid" them with the gift of the car but you cannot actually give them title to the car. If you take the car, how to you intend on compensating them? They currently have equitable title to the vehicle and if take the car, you are actually stealing their car.

as to wanting to sign it over;

if the finance company cannot find your name in their system, then you obtain a duplicate title and ask the finance company to sign a release of lien so you can transfer the title. If they cannot prove a right to continue the lien, they really have no choice but to release it.
Even w/nothing in writing & incomplete work? I do not plan on compensating them due to 90% of their house being furnished w/stuff they are borrowing & refuse to give back. I will call the company & see what I can do-thank you for an intelligent answer!
 

tmc26

Junior Member
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then actually you have a problem. You "paid" them with the gift of the car but you cannot actually give them title to the car. If you take the car, how to you intend on compensating them? They currently have equitable title to the vehicle and if take the car, you are actually stealing their car.

as to wanting to sign it over;

if the finance company cannot find your name in their system, then you obtain a duplicate title and ask the finance company to sign a release of lien so you can transfer the title. If they cannot prove a right to continue the lien, they really have no choice but to release it.
Also, say they win the equitable title, how can I NOT be liable for the car from this point on?
 
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swalsh411

Senior Member
When you say liable, you mean liable to continue the payments? If that is your question, the answer is "nothing". You are liable for the loan balance regardless of what happens to the car. The car is just collateral on the loan.

If you mean liable in some other way, please clarify.
 

tmc26

Junior Member
When you say liable, you mean liable to continue the payments? If that is your question, the answer is "nothing". You are liable for the loan balance regardless of what happens to the car. The car is just collateral on the loan.

If you mean liable in some other way, please clarify.
I mean liable as in they or her family wrecking it & it being they're fault. W/the car under my name, I don't want to be sued.
 
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justalayman

Senior Member
Even w/nothing in writing & incomplete work? I do not plan on compensating them due to 90% of their house being furnished w/stuff they are borrowing & refuse to give back.

even with nothing in writing. Verbal contracts are quite enforceable and if nothing else, what you posted here proves you did have a contract. You also ratified the contract by giving them the car.



the argument about not compensating them is a loser. If this went to court you could file a claim or counterclaim (if they sue you first) but you do not have the right to apply an offset such as you are speaking of. If you take the car, you are taking their property as you already gave it to them.
 

Eekamouse

Senior Member
You GAVE them the car. Now you're angry at them and want to take it back.
 
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justalayman

Senior Member
Also, say they win the equitable title, how can I NOT be liable for the car from this point on?
You have to find a way to rid yourself of being the named title holder. I gave you one possibility.



and it isn't a matter of winning equitable title; they currently hold equitable title due to you having "paid" them with the car. It is theirs in all senses other than having the certificate of title in their name.
 
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