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I think I might be right?????

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cville32

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

ok... This is going to make me really look bad, but I promise it's no worse then I feel. A little over a year ago I started making payment on a vehicle from a private seller. I asked this seller several times for a final price, and one was never told to me. I also never signed anything to agree to a price for this vehicle. The Seller Signed over the title to me. He put a price of 1200 dollars on the truck to help with the taxes when I went to get plates. I did get the title in my name, the vehicle is registered in my name, and the insurance is in my name. Nothing was ever written, but I started making some sort of payments. Well money is very tight now, and I haven't been able to pay on the vehicle. Now the private seller is threatening me saying that if he were a real bank he would have already repo'd, but wants me to give the vehicle back. He says that if I do not then he will hire someone to come take it. I have all of the receipts of every time I have paid him. Totally around 2600. My question is if the title is clear and in my name, and the vehicle is registered to me..... does he have the right to take the truck back? I mean I will admit that I am behind, but since there was never a written agreement on the price at what point do I just stop paying? At this point I would just give the truck back, but I can't afford another vehicle. If I could then I would. Can he take the truck? and if he does, can I report it stolen and press charges?
 


What is the name of your state (only U.S. law)? Indiana

The Seller Signed over the title to me. He put a price of 1200 dollars on the truck to help with the taxes when I went to get plates. I did get the title in my name, the vehicle is registered in my name, and the insurance is in my name. Nothing was ever written, but I started making some sort of payments. ...

My question is if the title is clear and in my name, and the vehicle is registered to me..... does he have the right to take the truck back?

Title is in your name, vehicle is in your name.

On what legal basis can the private seller seize your truck? Does he have any written documentation to justify this?
 

swalsh411

Senior Member
The truck is yours at this point. He may be able to sue you in small claims court for the unpaid balance of the loan but if he takes the truck it is theft. Tell him you will report the crime to the police.
 

cville32

Junior Member
That is what I thought. Yes, the truck is in my name, the registration is in my name. So I feel the truck is mine. There is no other written documentation between us. So even if he takes me to small claims court for the unpaid balance, does he really have a case? Please understand, I asked over and over again for some sort of written agreement. Primarily, I wanted to know how much he was wanting for the truck. The private seller was a friends, friend and just simply thought the rules didn't apply to him. He did sign over the title, and put on the title 1200... I have receipts showing I have paid 2600 to date. I started paying, because I needed the vehicle. The problem with the payment was I was paying about 300 a month, but if I paid that rate for 2 years then I would be paying 7200... The blue book on the truck is only 3600.
 

CJane

Senior Member
If the title or bill of sale says $1200, then you should have stopped paying when you had paid $1200.

Tell him to pound sand. And yes, if he takes the truck, call the police and report it stolen. Leave it up to him to explain that he was really selling the truck for more than stated, and he'd falsified the information on the title/bill of sale in order to defraud the department of revenue.
 

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