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The primary on my car loan had the car repossessed by a local tow company

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PayrollHRGuy

Senior Member
You might be able to sue for a part of the money you have paid on the vehicle but I would bet the judge would consider it rent.
 


I guess I’m just not really understanding. The bank says the car is as much mine as his and that he shouldn’t have been able to have the tow company come and get it because both of our names are on the car and it is registered to both of us. But thanks for the advice. Sounds like I should probably just count my loss and work on getting my name off the loan
 

Zigner

Senior Member, Non-Attorney
I guess I’m just not really understanding. The bank says the car is as much mine as his and that he shouldn’t have been able to have the tow company come and get it because both of our names are on the car and it is registered to both of us. But thanks for the advice. Sounds like I should probably just count my loss and work on getting my name off the loan
It's BECAUSE the car is just as much yours as it is his that he can have it towed. You both have equal rights to it. You may have remedies in civil court. In order to be removed from the loan, you'll need for the other owner to refinance it in his name alone. Alternatively, you could try to refinance it in your name, if the other owner will agree.
 

PayrollHRGuy

Senior Member
I guess I’m just not really understanding. The bank says the car is as much mine as his and that he shouldn’t have been able to have the tow company come and get it because both of our names are on the car and it is registered to both of us. But thanks for the advice. Sounds like I should probably just count my loss and work on getting my name off the loan
Read your words I bolded above. You had the right to tow your car when you had it. So does he.

The bank has no say in his rights as one of the owners of the car.

He may well be happy to get you name off the loan and not be tied to your poor credit in any way.
 

adjusterjack

Senior Member
The names on the registration may follow the ownership. He has as much right to the car as you do.

And appears to have more power to keep possession of it than you do.
 

adjusterjack

Senior Member
work on getting my name off the loan
Unfortunately, that's probably not going to be easy.

Your "primary" would have to refinance into his own name to accomplish that.

The currently lender is unlikely to relieve one borrower when it has two borrowers on the hook.
 

LdiJ

Senior Member
I love in Texas. A family friend co-signed on a vehicle for me. He is the primary and I am the secondary. I fell behind on payments by filed an extension so the car became current. I went outside one day to leave to get my check and the car was gone, no one knew where it was, not even the financing company. It turns out he hired a private tow company to tow the car, didn’t give me any notice, when I tried to reach out he blocked me on everything and asked me to no longer message him. I’ve been making payments on that car since November and now it’s just gone. I’m not sure what to do. I went and got my belongings but the tow company said they cannot release the car back to me because he is the one who made the payments for it to be towed and released. Can anyone help me with what to do from here? He claims that I was behind but even the finance company says that everything is current. He also does not live here. He lives in Michigan and is supposedly having the car shipped there.
Unfortunately, there is littlr that you can do. He is an owner of the car and has every right to have it in his possession, just as you are also an owner of the car and have every right to have it in your possession. Its possible that the towing company is wrong for not releasing the car to you if you have the documents to prove ownership, but it would possibly be gone from the state before you could get anything done to force them to release it to you.

You can talk to the police to see if they have any way to force the tow company to release it to you, but that is about all I can think of.
 

PayrollHRGuy

Senior Member
Unfortunately, there is littlr that you can do. He is an owner of the car and has every right to have it in his possession, just as you are also an owner of the car and have every right to have it in your possession. Its possible that the towing company is wrong for not releasing the car to you if you have the documents to prove ownership, but it would possibly be gone from the state before you could get anything done to force them to release it to you.

You can talk to the police to see if they have any way to force the tow company to release it to you, but that is about all I can think of.
I didn't notice anywhere she mentioned talking to the Tow company at all.
 
Unfortunately, there is littlr that you can do. He is an owner of the car and has every right to have it in his possession, just as you are also an owner of the car and have every right to have it in your possession. Its possible that the towing company is wrong for not releasing the car to you if you have the documents to prove ownership, but it would possibly be gone from the state before you could get anything done to force them to release it to you.

You can talk to the police to see if they have any way to force the tow company to release it to you, but that is about all I can think of.
Thank you! I’ve never had this happen to me so I was a bit confused as to where to go from here. As far as I knew we weren’t having any issues he never contacted me or speak about it or anything. Which I understand is his right not too. I do appreciate the advise you were able to give.
 

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