Need Advice

What is the name of your state?RI

O'k...a short history. I lived with a man for approximately one year. In the beginning of the relationship I purchased a truck for various household reasons and for him to pick up side jobs as a carpenter. When we split up he agreed in writing that he would pay $1500 for the truck and also $1500 in accumulated household bills. The day the contract was signed he paid $640.00 and agreed to pay $200 each month afterwards until the full amount was paid. The agreement was that if payment was not made I had the right to repossess the vehicle. However, I signed over the Title and gave him a bill of sale, so he could register the truck in his name. What kind of leg do I have to stand on. Can I go to the police for help or do I have to take hime to court?

The truck is history. YOu signed away your rights to it.

However, you can sue his ass in small claims court for the remainder of the agreement he signed.

O'k, even if it states ...
This is the actual contract signed
This is a legally binding contract between____&____.___agrees to pay____a total of $3000.00. $1500 for the purchase of GMC and $1500 in past household bills.

_____has paid $640 on this date and will continue to pay no less than $200 per month until the total balance is paid in full.

On this date, __________ has surrendered the title and bill of sale for the vehicle to ________. If for any reason, _________ fails to pay the balance in full he will relinquish any ownership rights to the vehicle.

At no time will _________ dispute the validity of this debt. By signing below ______ acknowledges the amount due as set forth above as true and accurate.

Again, Small Claims court.

You do not own the vehicle and the police are not attorneys nor are they judges. A judge is the only one now who can transfer ownership of that vehicle.

O'k Thank you.

One more question....At the time of purchase and presently I live in CT and he lives in RI. Which state do I have to file the claim?

I will make an assumption here since either of those situations are secondary to where the contract was signed. But I'll assume in CT. And if so, that's where you file.

Lets try to clear this up.....

1) You ALMOST did this right.... but not enough. Your signed 'promissory note' COULD be interpreted to give you a 'security interest' in the vehicle (it isn't clear since you didn't provide the FULL identifiers - VIN, etc.). If you are found to actually have a security interest, you would be able to 'recover' the vehicle due to his breach.
2) Also, you made a mistake in signing the negotiable title over to him. You should have retained your 'lienholder' rights by simply putting yourself on the title with lien. That way he could register and insure the vehicle and you still retain your right to repossess.

With that, I would suggest you consider contacting a local repo firm (in RI) and see if they are willing to recover the vehicle based on your note. They might and if they do, then that would likely remove you from liability.

As to what to do now..... your only real recourse is to file a 'breach of contract' suit in small claims court. Normally, I would tell you that you need to file in his home state/county as that is where you will likely end up (in trying to access his assets for enforcement). Further, from your post, it would also appear that the contract was entered into in RI, making RI the appropriate venue.

However, RI has a $1500 limit on small claims actions and your claim would presumably be for $3000. CT small claims limit is $3500.

You now have a problem.... and choice to make.
1) Do you file in CT with the higher limit and hope that he doesn't challenge the venue.... and that the court accepts your filing?? Then, if they give you a judgment, you would have to domesticate the CT judgment into the RI courts to get access to his RI non-exempt assets......, or

2) Do you forego some of your claim and file in RI with the smaller $1500 limit??, or

3) Do you file in higher court (no limit) in Rhode Island, and bear the costs of the services of an attorney???

Personally, I would start by sending him a demand letter (certified RRR) for the amount and include the threat of legal action if he refuses. If he does fail to pay (likely), then you will have to make a decision on your next step.