New York (and Louisiana)
I'm not sure where this question should go, but this seems closest.
Almost 3 years ago, I signed for a car for my Ex with the understanding he would pay the note and insurance to me. His name appears nowhere on the title. The car was purchased in Louisiana and the title and registration are in Louisiana. Almost 2 years ago, I moved out of the country. Before I left, I asked him to give me the spare key. He refused. At that time, I couldn't afford to have it towed to the dealer to get another key made. Immediately after I left, as I suspected, he stopped paying me for the car.
Within days before I returned home for a visit last year, without telling me, my ex moved to New York, where he still lives. He tried to go to Canada, but they wouldn't let him leave with my car, so he settled in New York.
I will be returning home this summer and I would like to fly up to New York, collect my car, and sell it. Not only am I tired of paying the note and the insurance, I'm tired of my liability for his potential actions with the car.
My questions are,
1. Can I compel him to give me the key to the car without having to go to court? In other words, if, when I arrive in New York he refuses to give me the key, can I call the police and have him compelled to give them to me? (The plates, title, and registration are from Louisiana.)
Or.
2. Can I have the car towed to a dealership to have a new key made without giving him any warning? What are New York's laws regarding this?
I am afraid to face him on my own. I am sure he will not cooperate. And if I give him warning, I am fairly certain he will abscond with the car. He honestly believes the car is his and that it is illegal for me to not put the title in his name since he paid on the car for over 6 months.
I'm not sure where this question should go, but this seems closest.
Almost 3 years ago, I signed for a car for my Ex with the understanding he would pay the note and insurance to me. His name appears nowhere on the title. The car was purchased in Louisiana and the title and registration are in Louisiana. Almost 2 years ago, I moved out of the country. Before I left, I asked him to give me the spare key. He refused. At that time, I couldn't afford to have it towed to the dealer to get another key made. Immediately after I left, as I suspected, he stopped paying me for the car.
Within days before I returned home for a visit last year, without telling me, my ex moved to New York, where he still lives. He tried to go to Canada, but they wouldn't let him leave with my car, so he settled in New York.
I will be returning home this summer and I would like to fly up to New York, collect my car, and sell it. Not only am I tired of paying the note and the insurance, I'm tired of my liability for his potential actions with the car.
My questions are,
1. Can I compel him to give me the key to the car without having to go to court? In other words, if, when I arrive in New York he refuses to give me the key, can I call the police and have him compelled to give them to me? (The plates, title, and registration are from Louisiana.)
Or.
2. Can I have the car towed to a dealership to have a new key made without giving him any warning? What are New York's laws regarding this?
I am afraid to face him on my own. I am sure he will not cooperate. And if I give him warning, I am fairly certain he will abscond with the car. He honestly believes the car is his and that it is illegal for me to not put the title in his name since he paid on the car for over 6 months.
