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Private Party vehicle sale owner not sticking with contract

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dragonmonkey11

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

I posted this earlier in the month but I did not actually ask any questions so I thought that I would try again: thank you

Hello, I am trying to find out my legal rights with a guy that I bought my vehicle from in August of 2013. I will start from the beginning and attempt to not leave anything out. My friend’s father needed someone to work for him and as I had just lost my job I decided to help him out until I found something else. I was in need of another vehicle and my husband was just getting a workman’s comp settlement and was going to give me money to purchase a vehicle. My boss' tow yard had a 2008 G6 that I was interested in, he was asking $8000 since he knew that it was worth that much. I had initially said ok to that but told him that I would only be able to do $4000 and then make payments, we made a promissory note that stated I would pay him in increments. That night I had spoken with my husband and he said no if he won’t take the $4000 then we will find something else. So I spoke with my boss and informed him of our decision. He then said that since his daughter was my dear friend and that I watch his Alzheimer’s mother for him and that he got almost $12k from insurance he would void the prior day’s promissory note and simply take the $4000 if I paid him in cash. I paid him and then got the paperwork (which on the Bill of Sale clearly stated that I paid him $2500) to go and register the vehicle with the DMV. I then received the title solely in my name about 3-4 weeks later and I still have that title.

Fast forward over 2 years later, I was still working for this guy and then in June of 2015 he decided to sell his company to a competing company and I now work for them. I receive a letter in the mail stating that I owe this guy that I bought my vehicle from $3900 and that if I do not pay him by the 15th of November he will repossess my vehicle. Along with this letter is the Promissory Note that he “voided”. And a “Right to Cure” with finance charges and late fees. I was instructed by one of the employees that still works for him under another company of his that he was upset by the fact that he still has to pay sales taxes on files that he did not pay while the business was still open and he blames me for him having to pay so much. He is attempting to get as much money from anyone he can to help his debts and he has always picked on women that do not normally stand up for themselves as I am and a few other women that have/still work for him. He is angry that I notified him that he will not receive another penny from me with the vehicle and that I suggest that he stop slandering my name with the new company that I am working for and to not contact me again. After I sent him my email he then he contacted his attorney to attempt to scare me into paying him. This attorney sent me via email a demand letter stating that if I do not pay this guy $3900 by the 24th of November or sign over my vehicle to him he will repossess my vehicle.

My main question is: How do I protect myself from this bully of a guy? Does he have the right to "repossess" my vehicle when I am the only person on the title and there is no lien on my vehicle? Can I call the authorities if he does attempt to get my vehicle? If he uses his own tow yard to "repossess" my vehicle and it is illegal can I sue him and his company?

Thank you for any advice that anyone can give me.
 


LdiJ

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

I posted this earlier in the month but I did not actually ask any questions so I thought that I would try again: thank you

Hello, I am trying to find out my legal rights with a guy that I bought my vehicle from in August of 2013. I will start from the beginning and attempt to not leave anything out. My friend’s father needed someone to work for him and as I had just lost my job I decided to help him out until I found something else. I was in need of another vehicle and my husband was just getting a workman’s comp settlement and was going to give me money to purchase a vehicle. My boss' tow yard had a 2008 G6 that I was interested in, he was asking $8000 since he knew that it was worth that much. I had initially said ok to that but told him that I would only be able to do $4000 and then make payments, we made a promissory note that stated I would pay him in increments. That night I had spoken with my husband and he said no if he won’t take the $4000 then we will find something else. So I spoke with my boss and informed him of our decision. He then said that since his daughter was my dear friend and that I watch his Alzheimer’s mother for him and that he got almost $12k from insurance he would void the prior day’s promissory note and simply take the $4000 if I paid him in cash. I paid him and then got the paperwork (which on the Bill of Sale clearly stated that I paid him $2500) to go and register the vehicle with the DMV. I then received the title solely in my name about 3-4 weeks later and I still have that title.

Fast forward over 2 years later, I was still working for this guy and then in June of 2015 he decided to sell his company to a competing company and I now work for them. I receive a letter in the mail stating that I owe this guy that I bought my vehicle from $3900 and that if I do not pay him by the 15th of November he will repossess my vehicle. Along with this letter is the Promissory Note that he “voided”. And a “Right to Cure” with finance charges and late fees. I was instructed by one of the employees that still works for him under another company of his that he was upset by the fact that he still has to pay sales taxes on files that he did not pay while the business was still open and he blames me for him having to pay so much. He is attempting to get as much money from anyone he can to help his debts and he has always picked on women that do not normally stand up for themselves as I am and a few other women that have/still work for him. He is angry that I notified him that he will not receive another penny from me with the vehicle and that I suggest that he stop slandering my name with the new company that I am working for and to not contact me again. After I sent him my email he then he contacted his attorney to attempt to scare me into paying him. This attorney sent me via email a demand letter stating that if I do not pay this guy $3900 by the 24th of November or sign over my vehicle to him he will repossess my vehicle.

My main question is: How do I protect myself from this bully of a guy? Does he have the right to "repossess" my vehicle when I am the only person on the title and there is no lien on my vehicle? Can I call the authorities if he does attempt to get my vehicle? If he uses his own tow yard to "repossess" my vehicle and it is illegal can I sue him and his company?

Thank you for any advice that anyone can give me.
He cannot repossess it. He gave you clear title. Hopefully his lawyer will have told him that. Also, for a lawyer to send a demand letter via email is pretty weird. Are you sure it was really his lawyer?

He would have to take you to court to get a judgment against you. However, that doesn't mean that he won't try. Have you got some secure place to keep the vehicle?
 

dragonmonkey11

Junior Member
I do know that this is his attorney because I worked for him and I do have a garage I can put it in when I'm home but at work I don't have anywhere I can put it really, if he does try and get it can I call the authorities? I really think that he's trying to scare me into giving him money but I won't because that was not the agreement and if he takes me to court he may end up winning but I won't pay without a fight
 

LdiJ

Senior Member
I do know that this is his attorney because I worked for him and I do have a garage I can put it in when I'm home but at work I don't have anywhere I can put it really, if he does try and get it can I call the authorities? I really think that he's trying to scare me into giving him money but I won't because that was not the agreement and if he takes me to court he may end up winning but I won't pay without a fight
Can you ask your boss to let you keep it in the locked area? Or maybe trade cars with your husband for a while? Whoever is driving the car should keep the title on their person for the next couple of months. You want to be able to show that to the police if he attempts to use that promissory note in an attempt to repossess.
 

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