Private Party Seller/financing rights and repo's

[its meeeeee]

In AZ- I have searched for help everywhere and no seems to know-pleaseee help! I have a vehicle that gentlemen signed the following notarized letter on: "I (his name) promise to pay (my name) the balance of $1000.00 in payments of $200.00 every two weeks until it is paid. (For a 1996 Ford Explorer) AS IS." This was notarized and signed back on 08/02/04 and I have yet to receive one complete full payment from him or any type of communication from him (he works with my dad on a daily basis) and the only address that I now have for him is his work. The title is still in my name, I have a key for the vehicle as well, and I did not place a lien on the vehicle since he verbally told me and my dad separately that it would be paid off in Oct. 2004. I now need to know what steps I need to take to legal have the vehicle reposed. I have contacted several repossession companies and was told that I was able to go and take the vehicle since my name is the only one on the title and I still have a key for the vehicle but I wanted to make sure so that I am not arrested for theft or anything like that.

 

[divgradcurl]

In AZ- I have searched for help everywhere and no seems to know-pleaseee help! I have a vehicle that gentlemen signed the following notarized letter on: "I (his name) promise to pay (my name) the balance of $1000.00 in payments of $200.00 every two weeks until it is paid. (For a 1996 Ford Explorer) AS IS." This was notarized and signed back on 08/02/04 and I have yet to receive one complete full payment from him or any type of communication from him (he works with my dad on a daily basis) and the only address that I now have for him is his work. The title is still in my name, I have a key for the vehicle as well, and I did not place a lien on the vehicle since he verbally told me and my dad separately that it would be paid off in Oct. 2004. I now need to know what steps I need to take to legal have the vehicle reposed. I have contacted several repossession companies and was told that I was able to go and take the vehicle since my name is the only one on the title and I still have a key for the vehicle but I wanted to make sure so that I am not arrested for theft or anything like that.

If the title is still in your name, then how can it be theft? It's YOUR car -- go get it.

Or, take the contract and sue the guy in small claims court.

Edit: Upon a re-read, it appears that the $1,000 is the balance due -- how much did he pay as a down payment? If he put a downpayment down, and you did not reserve the right to repo the truck in the sales agreement, then you'll need to sue in small claims court for the balance due.

 

[its meeeeee]

small claims

AZ- If I sue him small claims court can I just get teh vehicle back since it has been so long with out any contact or payment? and can I sue for the time off of work to handle all of this stuff? Also I have to go through all of this dispite the fact that he has made no effort to contact me what so ever? and there has never been one full payment made? and the note says every two weeks a payment of $200.00 would be paid?

 

[divgradcurl]

AZ- If I sue him small claims court can I just get teh vehicle back since it has been so long with out any contact or payment?

No, small claims court does not have the authority to force him to give you the truck back -- small claims court deals with money only.

can I sue for the time off of work to handle all of this stuff?

You can ask for it, but the general rule is that, in a breach of contract case (which is what this is), unless the contract specifies that if you end up in court that the breacher will have to pay such and such, the damages are limited to the breach -- in other words, you can't sue for time lost from work, or other "special" damages. It doesn't hurt to ask for them, though -- the judge may allow them, so it doesn't hurt to ask -- but don't count on it. Do ask for interest on the unpaid part of the contract, however -- that you will probably get if you ask for it.

Also I have to go through all of this dispite the fact that he has made no effort to contact me what so ever? and there has never been one full payment made? and the note says every two weeks a payment of $200.00 would be paid?

That's why you need to take him to court. If you get a judgment against him in court, then, if he doesn't pay up, you can enforce the judgment by garnishing his wages, or dinging his credit, there are a bunch of options available to you that aren't available now.