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My mom co-signed on a car loan for me through a financial company 5 yrs ago; she then chose to pay it off and have me make my payments directly to her last year. We had a verbal agreement of what my monthly payments were and that if I didn’t make them the car would in fact, be taken back by her to sell. Soon I lost a major portion of my income and was unable to make full, consistent payments. I sent partial payments that were sometimes late and some months I was unable to make any payment. I kept in open communication via email & phone to let her know what to expect. She would respond neutrally, mostly not addressing it. She recently sent me a certified letter after a fight telling me to pay her what is left owed to her on the car or to return it to her to sell. She also said I would be responsible for the difference (if any) if the car did not sell for what I owed her. We have no signed contract at all; and definitely no verbal agreement saying I would be responsible for the difference if the car was taken.
I relinquished the car to her; there was some small body damage and the check engine light was on. She sold it to her friend for less than what was owed because of the damage; the car did not pass smog and now she wants me to pay for the difference and to fix it to pass smog. I say hell no, that’s her problem now. I live in California and from what I can tell I’m no longer responsible. She wants to take me to small claims court and I feel confident she has no case because we did not have any agreement that I would pay the difference if she sold the car. She’s under the impression that she has the same rights as a financial company because she is lien holder on the title. Is this true? Is there an unspoken agreement that she is exactly like a real company? I figure even companies should have to tell you all the rules up front and not spring it on you later.
her credit isn’t affected bc she already paid it off to the lender last yr.
**I spoke to a lawyer and she DOES NOT get the rights of a lender. The lender has the rights they do because it is in the signed contract. I have fulfilled my end of the agreement by relinquishing the car and the contract has been followed in whole.

My mom co-signed on a car loan for me through a financial company 5 yrs ago; she then chose to pay it off and have me make my payments directly to her last year. We had a verbal agreement of what my monthly payments were and that if I didn’t make them the car would in fact, be taken back by her to sell. Soon I lost a major portion of my income and was unable to make full, consistent payments. I sent partial payments that were sometimes late and some months I was unable to make any payment. I kept in open communication via email & phone to let her know what to expect. She would respond neutrally, mostly not addressing it. She recently sent me a certified letter after a fight telling me to pay her what is left owed to her on the car or to return it to her to sell. She also said I would be responsible for the difference (if any) if the car did not sell for what I owed her. We have no signed contract at all; and definitely no verbal agreement saying I would be responsible for the difference if the car was taken.
I relinquished the car to her; there was some small body damage and the check engine light was on. She sold it to her friend for less than what was owed because of the damage; the car did not pass smog and now she wants me to pay for the difference and to fix it to pass smog. I say hell no, that’s her problem now. I live in California and from what I can tell I’m no longer responsible. She wants to take me to small claims court and I feel confident she has no case because we did not have any agreement that I would pay the difference if she sold the car. She’s under the impression that she has the same rights as a financial company because she is lien holder on the title. Is this true? Is there an unspoken agreement that she is exactly like a real company? I figure even companies should have to tell you all the rules up front and not spring it on you later.
I am not trying to "escape" responsibility, I simply do not believe I am legally responsible. I never chose NOT to pay her, I couldn’t/can’t and that’s why I gave it back. Per our verbal agreement that was the consequence for not being able to make the payments. What stops her from selling it to her friend at a discount and coming to me for the rest? She wants to go on Judge Judy because they will pay for the judgment if she wins. P.S. my mom is not an honest person & she used the car to control me for the last year.
wow, very little of these responses are just answers. I had to sift through a bunch of judgment and personal opinion that include attacking words.

My auto loan has mature with Capitasl One. The problem is I have late fees that have accumulated from late payments in the past. Can I still get my vehicle repossessed for those late fee if I refuse to pay?? I’ve been trying to pay but the amount upfront is too much for and I only give partial payment which incurs more fees and the cycle goes on. Two things make their position unfair: 1. These are fees from the beginning of the loan which they said I did not have to be paid because they were not assessed as incurred and not retroactive (I have a letter to that effect). 2. I can’t get a hold of a live person. I’m automatically transferred to "recovery" services and instructed to leave a message which is never returned, as if they want to keep me there…..ponying up partial payments and adding more fees.

Car was repossessed on Monday.
We were making partial payments for the last four months since my husband was out of work. But that was not enough to keep us in good standings with the bank.
We bought the car through JDByrider and they use CNAC to finance the car. Called CNAC on Monday after the car was repossessed to speak with our account representative. We have two options.
1. Pay the car note bi-weekly until we get back into the good. Which will take us 6 months.
2. Take the repossession hit, buy a car with cash and pay the repossession off our credit (which is bad anyways).
We both work and both jobs are within walking distance. Our problem is that we are not sure if we can get the car back because they may by accident sell the car off privately and we still stuck with a repossession on our credit. Or we get into good standing and we have no way of going and getting our car.
The car has a lot of miles on it. Several problems. Resale value is maybe 1000.00 to 2000.00 if everything is in working order.
If someone has been through this please tell me what you did. We are very indecisive about what to do.

If youre behind on auto payments and you can only afford to make partial payments, can they still repossess you vehical?