OT Lawyers: Joint auto loan question

You can't consign in LA?

What was the purpose of putting the car in his name and not yours? Was the joint auto loan designed to help build his credit? In my opinion, you should have put the car in your name and signed it over once it was free and clear.

You make a bad decision...

...then come to the OT for legal advice.


I see a pattern starting.

Kick his arse. Sounds like his Dad isn't.

Have you tried giving him the choice between agreeing to let you sell the truck since he hasn't been paying the note or taking him to court over it. Good chance he'd agree to the sale to avoid possibility of having to go to court

You're screwed. The truck's in his name. You have NO right to it.

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I'm assuming that since the loan is in both our names, the title will be also if the loan is paid off - therefore he wouldn't be able to sell or trade in the vehicle without both of our signatures (though neither could I).

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I'd say that is a bad assumption.

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The truck isn't in his name though - the registration is. The title (held by the lienholder) would be in both of our names. Right?

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Doubt it.

If both names are on the loan, you are obviously responsible for the loan. If he is only on the registration and title, then you can't do anything about it without his signature. Bottom line...

1. If his name only is on the registration, then he is the registered owner and you have no claim to the vehicle.

2. Your credit would be negatively affected if you let it be repossessed (assuming failure to pay would be reported).

3. You could possibly make a claim against nephew for reimbursement. Good luck with that.

One course of action, as suggested, is to call the lender and ask for relief - removal from loan and non-reporting to credit agencies. Some slim chance someone would be sympathetic to your situation. Otherwise bite the bullet and pay it off, and let nephew know you expect him to make it good one way or another. But to answer your specific question, you can make a claim against him (less cost and relaxed rules in Parish/City court if your locale has them) but you have no way to force a sale to cut your losses. Perhaps filing a suit against him might produce that reaction or he will donate the car to you (no tax) to resolve it.