Illegal Repo

[cat123y]

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

I had a vehicle in someone else name and they took possession of the vehicle back by filing a stolen motor vehicle police report. I was in the rear on payments and the person whose name the vehicle was in didn't surrender the vehicle to the finance company. I was removed from the vehicle by the police and it was returned to her. She has not returned the vehicle to me even though I was paying the notes on the vehicle since the date of purchase up until now. The vehicle is more than half payed for and she is using it now for her personal use, not to mention while the vehicle was in her possession it was broke into and the radio that I had installed in there was stolen and it was worth well over a $1000. What remedy do I have available for me to get some of the money hat I have invested into this vehicle and for her having me removed form the vehicle by the police with my children in response of her filing the false police report.

 

[FlyingRon]

If it is titled in her name it is hers. If you don't give it up when requested, it is stolen (well illegally converted which is the same thing in most places).
It is not an "illegal repossession" or any sort of repossession. It's just the owner taking their own property back.

You'll have to explain why it is that you were driving someone else's car and making mods to it before we can give an answer to that question.

 

[cat123y]

If it is titled in her name it is hers. If you don't give it up when requested, it is stolen (well illegally converted which is the same thing in most places).
It is not an "illegal repossession" or any sort of repossession. It's just the owner taking their own property back.

You'll have to explain why it is that you were driving someone else's car and making mods to it before we can give an answer to that question.

I couldn't get that particular vehicle financed in my name because of my credit, but she had never requested the vehicle back from me. We got into an altercation and she reported the vehicle stolen as some type of payback

 

[Ohiogal]

I couldn't get that particular vehicle financed in my name because of my credit, but she had never requested the vehicle back from me. We got into an altercation and she reported the vehicle stolen as some type of payback

It was HER vehicle. You weren't paying on it apparently because it was "in the rear" on car payments. She had every right to take her vehicle from you.

 

[swalsh411]

You making loan payments on her loan secured by her vehicle doesn't make it your vehicle. You were just renting it.

You were both foolish for getting into this mess.

And if you had financed the car yourself and didn't make payments do you think it wouldn't have been taken also?

 

[Eekamouse]

You put a $1000 stereo system into a car you weren't keeping the payments current on? What?????

 

[cat123y]

You put a $1000 stereo system into a car you weren't keeping the payments current on? What?????

The stereo was in there before I became in the rear on payments. I fell behind because of an unexpected death in the family and had to contribute to funeral expenses.

 

[swalsh411]

Sorry for your loss but that doesn't change the situation.

 

[Zigner]

The stereo was in there before I became in the rear on payments. I fell behind because of an unexpected death in the family and had to contribute to funeral expenses.

The word you are looking for is arrears. As in, I am in arrears

 

[cat123y]

Sorry for your loss but that doesn't change the situation.

I'm quite sure she not allowed to gain from my lost. Although I fell behind on the payments there is some type of restitution that should be made. I've paid for the vehicle this long and payed the initial deposit and I have all my receipts and txt mags of her telling me to just pay the back payments and she would return the vehicle to me but when the time came she decided she wanted the car and she kept it from that point.

 

[TheGeekess]

I'm quite sure she not allowed to gain from my lost. Although I fell behind on the payments there is some type of restitution that should be made. I've paid for the vehicle this long and payed the initial deposit and I have all my receipts and txt mags of her telling me to just pay the back payments and she would return the vehicle to me but when the time came she decided she wanted the car and she kept it from that point.

It's her car.

 

[Mass_Shyster]

Your problem is due to the statute of frauds. Your contract is not enforceable because it is not in writing.

COMMERCIAL CODE
(810 ILCS 5/) Uniform Commercial Code.

(810 ILCS 5/Art. 2 Pt. 2 heading)
PART 2. FORM, FORMATION AND READJUSTMENT OF CONTRACT

(810 ILCS 5/2-201) (from Ch. 26, par. 2-201)
Sec. 2-201. Formal requirements; statute of frauds.
(1) Except as otherwise provided in this Section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker.

 

[Zigner]

I'm quite sure she not allowed to gain from my lost. Although I fell behind on the payments there is some type of restitution that should be made. I've paid for the vehicle this long and payed the initial deposit and I have all my receipts and txt mags of her telling me to just pay the back payments and she would return the vehicle to me but when the time came she decided she wanted the car and she kept it from that point.

You've rented a car.

 

[Eekamouse]

This is why you don't buy a car on someone else's credit. You know, you being behind on your payments has been hurting her credit. I would have taken the car back, too. It's her car, not yours.

 

[sandyclaus]

I'm quite sure she not allowed to gain from my lost. Although I fell behind on the payments there is some type of restitution that should be made. I've paid for the vehicle this long and payed the initial deposit and I have all my receipts and txt mags of her telling me to just pay the back payments and she would return the vehicle to me but when the time came she decided she wanted the car and she kept it from that point.

You've paid for the privilege of having full access to and use of a vehicle that didn't ever legally belong to you. It would be the same if you had rented a car from a rental agency. You don't have the right to demand that money back. There will be no restitution made.

She wanted the car because it was HER CAR, and your failure to keep up the payments affected HER credit.