Auto sale payment agreement.

[tloftus]

What is the name of your state? IA
'Defendent' lives in: NE

A few months ago I sold a vehicle to my brother's then girlfriend. She agreed to pay $500 at the time she picked it up, $350 on July 1st, and $350 on August 1st. I collected on the $500 and the second payment of $350 but the final payment of $350 is nowhere to be seen.

Since I have only her parents' address I decided to e-mail her about this. The first message was very polite, "I didn't recieve your payment." and that sort of thing. I got no response. The second e-mail was a little more direct, "Let me know your intentions as I don't want to get involved legally."

Today she finally responded saying that she sent the payment over a month ago and that she has the bank statement to prove it and that I should quit "harrassing" her. So I replied in a rather direct matter that I wanted a copy of the front and back of the cleared check because if she does in fact have it, it's forged.

I'm not interested in taking her to small claims for $350 as it sounds like more hassle that it's worth. However I am interested in reposessing the vehicle if she still refuses to pay.

I have a signed bill of sale with payment terms from her stating how much was to be paid and when it was due, but no reposession clause. Is reposessing a good idea or what is the best way to handle this problem if she still refuses to comply?

Thanks in advance,
Tom

 

[JETX]

Is reposessing a good idea or what is the best way to handle this problem if she still refuses to comply?

Nope... because without a SPECIFIC security clause to allow repossession... you have NO
right to recover the vehicle.
Your options are to sue or forget about it.

 

[tloftus]

How about collecting interest on the past due money? Again, no clause in the contract to cover any of these things. You live, you learn I guess. I can't see going to court for $350 but at the same time how can you just let someone walk like that?

 

[Zigner]

How about collecting interest on the past due money? Again, no clause in the contract to cover any of these things. You live, you learn I guess. I can't see going to court for $350 but at the same time how can you just let someone walk like that?

Going to small claims court for the $350 is much less hassle than the other options you are presented with (except, of course, dropping the matter)

 

[JETX]

How about collecting interest on the past due money? Again, no clause in the contract to cover any of these things.

Just as you suspect.... no interest in agreement, you can't collect it.