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MA Sold Car to Friend With Payments, No Payments

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ferant316

Junior Member
What is the name of your state (only U.S. law)? Massachusetts

On September 12th 2010 I sold a project car/hot rod to a friend after a long time of him begging me to. I told him everything I had done and replaced on the car, as well as everything that I knew was wrong with it. He paid me part of the money up front, with scheduled payments the next three months. He made the first two payments (late, but he did) and never made the third one claiming he fell into financial hardship.

I have since spent six months calling him every Friday when he gets paid asking for the rest of the money he owes me, originally with excuses but the last few months I get no response. I have now found out he traded in the car without paying it off and has been telling mutual friends I'll never see a dime from him.

I have a Purchase Contract detailing out names, addresses, all the pertinent information on the car (VIN, mileage, price, and sold in As-Is condition) as well as the payment schedule. This was signed by both of us and each person has a copy. The title is in his name so if he were to get in an accident with it I would not be legally liable.

I have written a Formal Demand for Payment, but wondering if this is the right recourse in the situation. I feel like it gets complicated with him having traded in the car (I assume illegally as he owes money on it?)
 


BL

Senior Member
What is the name of your state (only U.S. law)? Massachusetts

On September 12th 2010 I sold a project car/hot rod to a friend after a long time of him begging me to. I told him everything I had done and replaced on the car, as well as everything that I knew was wrong with it. He paid me part of the money up front, with scheduled payments the next three months. He made the first two payments (late, but he did) and never made the third one claiming he fell into financial hardship.

I have since spent six months calling him every Friday when he gets paid asking for the rest of the money he owes me, originally with excuses but the last few months I get no response. I have now found out he traded in the car without paying it off and has been telling mutual friends I'll never see a dime from him.

I have a Purchase Contract detailing out names, addresses, all the pertinent information on the car (VIN, mileage, price, and sold in As-Is condition) as well as the payment schedule. This was signed by both of us and each person has a copy. The title is in his name so if he were to get in an accident with it I would not be legally liable.

I have written a Formal Demand for Payment, but wondering if this is the right recourse in the situation. I feel like it gets complicated with him having traded in the car (I assume illegally as he owes money on it?)
No, not illegally .This was a private sale ,no lien on title .

If he doesn't pay your recourse is small claims court ,and if you are awarded a judgment,garnishment of wages if need be .

Did you put that in your demand letter . Pay up in X amount of days, or I'll see you in court and garnish your wages ?
 

LillianX

Senior Member
What is the name of your state (only U.S. law)? Massachusetts

The title is in his name so if he were to get in an accident with it I would not be legally liable.
I know that hindsight is 20/20, but I just want to reiterate that this right here was the big mistake you made.
 

Mass_Shyster

Senior Member
Head down to the courthouse and file a small claim against him for the balance. Bring a copy of the contract and demand letter to show to the clerk.
 

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