Tried to sell car, he never paid and wont return car

California

An ex friend wanted to buy one of my cars, so I said if he wanted to pay off the remainder of the loan he could buy it. Here is the information.


He has had the car for over a year and given me $2000, which only covered the loan payments coming out of my bank account.

He said "if I cant buy the car at least you have $2000 towards the loan"

I told him the day I gave him the keys he needed to get a loan for the car and transfer the title out of my name, which he never did.

The $2000 that covered the car payment is now used up and Im back to paying for the car.

He has said for this entire year "Ill pay it off with my next check".

He agreed to return the car yesterday if he couldnt pay it off. He couldnt pay and said he wouldnt return the car.

I tried to report it stolen and the police said to sue him.


I want to get my car back and actually sell the car, not be jerked around anymore. The title, loan, and registration are all in my name. Can I do anything with the police to get it back? If I go to court and sue him will I get the car back?

you can actually hire a tow truck and have it hauled back to your dwelling, get the locks changed.

Thank you! If I tow it can there be any repercussions from him? Like him taking me to court saying we had a verbal agreement or something to that effect?

sara cantrell said:

Thank you! If I tow it can there be any repercussions from him? Like him taking me to court saying we had a verbal agreement or something to that effect?

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Well that certainly will take the pressure off you to bring him to court to say the same thing,
Good luck.

sara cantrell said:

Thank you! If I tow it can there be any repercussions from him? Like him taking me to court saying we had a verbal agreement or something to that effect?

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well, worst case scenario, he take you to court, wants the car back per the verbal agreement, you state he owes you the remaining balance in full plus court fees and towing costs, then he can have the car back. or, you pay him the $2k back and keep the car.

Thank you Isabella. I was worried I might have to pay him the $2000 to get the car back in court. Question, since the $2000 covers the payments of the loan for exactly one year (the time he has had it) will I still have to pay it? I look at it as him leasing the vehicle from me and putting on miles and wear and tear for the year, and if I give it back doesnt that just give him a free car for a year? Will a court really make me pay that money back after his use? I appreciate your help with this.

sara cantrell said:

Thank you Isabella. I was worried I might have to pay him the $2000 to get the car back in court. Question, since the $2000 covers the payments of the loan for exactly one year (the time he has had it) will I still have to pay it? I look at it as him leasing the vehicle from me and putting on miles and wear and tear for the year, and if I give it back doesnt that just give him a free car for a year? Will a court really make me pay that money back after his use? I appreciate your help with this.

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I agree that you shouldn't have to give the money back, but that is not what the agreement was,the agreement was the 2000 toward the purchase of the car...

But a finance company would be able to repo the car without paying back the prior payments...

Hmm, good question. I suppose it would depend on how the judge decides. (which is always the way)

You won't have to pay the $2,000.00 back if you PROVE your agreement. However, I must say that you are not 100% innocent in this. You ignored your agreement with your finance company when you "sold" the vehicle to your friend.


ETA: Let me restate. You shouldn't have to pay the $2,000 back...but I never can keep track of that darn crystal ball...

I have been online looking up forms to start a small claims suit, but am lost with all the different titles of the forms. Can someone please tell me which form I need to print and fill out to start the process? I am filing in California.

How about on Tuesday you go to your local small claims court building and have the clerk provide you with what you need to file. The clerk will have no legal advice for you, but should know the paper work and procedure.

Here is the California site: http://www.courtinfo.ca.gov/selfhelp/smallclaims/

Also, I can recommend a book from Nolo Press: http://www.nolo.com/products/everybodys-guide-to-small-claims-court-in-california-CSCC.html


(I am in no way affiliated with NOLO, just a satisfied former user)

Online Forms

sara cantrell said:

I have been online looking up forms to start a small claims suit, but am lost with all the different titles of the forms. Can someone please tell me which form I need to print and fill out to start the process? I am filing in California.

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Here's a better option (for those who get confused filling out those CA small claims forms). The FREE site below allows you to walk through the steps of filling out the forms, saves a copy, and in some counties enables you to file the papers online as well.

California Superior Court EZLegalFile - Legal Paperwork Assistance - Home

Just for CA. (Sorry! For you other states, google to see if a similar service site exists.)

sandyclaus said:

Here's a better option (for those who get confused filling out those CA small claims forms). The FREE site below allows you to walk through the steps of filling out the forms, saves a copy, and in some counties enables you to file the papers online as well.

California Superior Court EZLegalFile - Legal Paperwork Assistance - Home

Just for CA. (Sorry! For you other states, google to see if a similar service site exists.)

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I would say that's "another" option...not necessarily better. Why? Because our OP will eventually need to collect.

California Courts: Self-Help Center: Small Claims


That site worked amazingly well. I turned in my forms and we go to court next month. Ill keep you updated on what the outcome is.

Update - We went to small claims yesterday and I won my suit, no problems.