- October 30, 2023
- Posted by: legaleseblogger
- Category: Related News
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Title: The Complex Situation with Our SO’s Family and the Car – Exploring Options and Potential Risks
Introduction:
Before delving into the details of our situation, it’s important to acknowledge that there are certain intricacies within my significant other’s (SO) family dynamic that will not be elaborated on in this post. This omission is primarily for the sake of brevity, as the cause of this situation is ultimately inconsequential. Instead, the focus will be on the actions that need to be taken and how the AI Legalese Decoder can provide valuable assistance.
Background:
Residing in New York, we find ourselves facing a unique predicament involving a car financed in Illinois. Roughly eighteen months ago, SO’s parent was nearing the completion of payments for their used car and generously offered to gift it to us. To facilitate this transfer, we planned a one-way flight to their state, intending to spend a week with them before driving back in their used car. Much to our surprise, upon arrival, we discovered that SO’s parent had obtained a newer model car and intended to keep their old one, which was initially meant for us. Though caught off guard, we did not raise concerns at the time and unknowingly neglected to foresee the potential issues this decision would later pose. Consequently, we happily accepted the new car and drove it back home. For almost a year, everything appeared to be in order.
Current Situation:
Around June, as the registration on the car neared expiration, we contacted SO’s parent to discuss future plans. Unfortunately, we received a message stating that the insurance on the car had lapsed, and they had ceased making loan payments for several months. This revelation left us shocked but not entirely surprised, given their track record. As a result, we parked the car, leaving it dormant in our driveway. Since then, their communication has been nonexistent. The last semblance of contact ended with them mentioning consulting their bankruptcy lawyer and promising to provide further updates. However, several months have elapsed without any communication from their side.
Options and Concerns:
In light of this complicated situation, we wonder if our course of action (or inaction) might lead us to inadvertently break any laws or make a significant mistake. Admittedly, having my own car allows us to manage even with one vehicle. However, it remains crucial to understand our available options and potential ramifications. Should we independently reach out to the dealership, circumventing SO’s parent’s involvement? Would returning the car become our responsibility? Is there a possibility that the dealership might initiate legal action against us?
AI Legalese Decoder and Its Support:
To navigate this legal maze with greater clarity, the AI Legalese Decoder presents an invaluable tool. By utilizing its capabilities, we can gain a comprehensive understanding of relevant legalities, potential risks, and potential courses of action. With its assistance, the complex web of legal jargon can be decoded, enabling us to make well-informed decisions that safeguard our interests and protect us from any unforeseen legal repercussions.
Conclusion:
The convoluted situation involving the car gifted by SO’s parent has created an inconvenience for us, but we are determined to explore our available options. The AI Legalese Decoder emerges as a valuable ally in unraveling the complexities, mitigating risks, and helping us make informed decisions moving forward. Through its support, we seek to navigate this challenging scenario with confidence and secure the best possible outcome for everyone involved.
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AI Legalese Decoder: Simplifying Legal Language
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****** just grabbed a
Clarifying the car is titled solely to them? Then it’s their problem. Obviously I wouldn’t drive this car.
As long as the loan isn’t in your name you have no legal obligation to the finance company. Just to get it out of your driveway you could contact the lienholder on the registration and let them know where the car is, it’s up to them to retrieve it.
The registration and/or insurance card should show the finance company that is owed money.
You could contact them and offer to give the car back.
If they’ve filed bankruptcy, there’s nothing that can be done. The finance company can’t legally take it back until the bankruptcy has been settled. With no registration or insurance, it’s not legal to drive. Just let it sit there until the bankruptcy is over. I guarantee the finance company knows where it is.
Source: I was in a similar situation. My car was financed from a family member. They asked me to stop paying on it because of their financial situation and needing to file. I was okay with this. Money was tight anyway. As soon as their bankruptcy was done, it was collected. I live 2500 miles from them. They didn’t tell the bank where it was. They already had headhunters looking for it.
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Probably best to return the vehicle to their residence (if you know their current one); otherwise, whichever bank has the loan will get the car back eventually. I wouldn’t want to drive one that could get reported as stolen if you don’t trust the family members.
INFO: Who is the car titled to? Is your name (or your SO’s name) attached to it in any way? Is your SO in agreement with getting rid of it ASAP? Or are they concerned about not getting their parents in even deeper trouble?
Reach out to the finance company and let them know you want to turn the car over. I guarantee they are looking for it
Well you canÔÇÖt renew the registration so you canÔÇÖt drive it. You canÔÇÖt get it back to them easily or legally and they seem unlikely to come get it. You canÔÇÖt sell it. The question is do you value some sort of relationship with these people? If you do then try and get the bank to come get it. If not then park it somewhere where it will get towed and itÔÇÖs not your issue. Or have it towed as abandoned. Or be a real dick and leave it by a homeless camp with the keys in it.
ItÔÇÖs not your problem. You donÔÇÖt have to get it towed back. You have to find out who they financed it with. The dealership might know, but being over a year, IÔÇÖm sure they pit the paperwork away. Call and ask your police. Unless your SOÔÇÖs parents report it stolen, you did nothing wrong. Good Luck. If you know who their lawyer is, call them
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You can view their bankruptcy case documents on the PACER website. You’ll see how the debt for the vehicle is listed, name and address of creditor, their filings, and the in-laws’ attorney’s contact information. [PACER court search](https://pacer.uscourts.gov/find-case/search-specific-court)
Edit to add: you have to make an account and they’ll mention fees but I’ve used it for years and until you get up to $30 (I think that’s the amount) they won’t sent a bill. Most pages are 10 cents so it would take a lot to get there.
Assuming from your post the car isn’t titled in your name, you have no obligations around this car.
It isn’t legal to drive, so I wouldn’t drive it. If you don’t mind it sitting in your driveway, you can leave it there and at some point in the future there is a very high likelihood someone comes by and repossesses it.
If you really don’t want it on your property I would send a certified letter to the parents saying you consider it their abandoned car left on your property, and tell them you will have it removed if they don’t make arrangements for it within a reasonable timespan.
If that timespan elapses you can have it towed away, tell the tow driver it is not your car and the owners won’t retrieve it. This is going to vary from company / company, some will insist you pay upfront the tow, some tow companies may be willing to tow it without charging you and bill the owners whenever they come to retrieve it.
You could also call the police and say there is an abandoned car on your property, but the issue is when you tell them (and you can’t lie to them) that it is a car your in laws were letting you drive, but then abandoned maintaining, the police may not view it as a situation justifying them calling in and having it towed on your behalf.
Unfortunately since the car isn’t legal to drive, it technically isn’t appropriate for you to attempt to return it yourself or to drive it somewhere and leave it–and intentionally abandoning a vehicle somewhere isn’t best practice in itself.
Note that if you do have it towed your in laws will have to pay storage fees to get it out, and the tow fee assuming the tow company doesn’t bill you. After it sits in their impound lot long enough they can actually take ownership of the car which is a standard business practice of tow companies and they will not mess around with it, once the legal time limit is reached they will take ownership of the vehicle.