bought car from brother

[judynnp]

What is the name of your state? South Carolina
I bought a car from my brother in dec 06. The asking price was 5000 dollars. He signed the title over to me with him as a lien holder. We did not sign any other paper work. He told me I could pay what I could when I could. I have paid 1600 dollars so far and I have the cancelled checks showing this. He now has summoned me to a magistrate's court for a claim and deliver. Can he do this?

 

[justalayman]

a...ya.

now he will have to convince the judge the agreement implied a reasonable amount of time and you have failed to act within a reasonable time.

the judge could very well simply accept the contract as you stated and still award a judgement since you do actually owe the money but not order the return of the vehicle allowing bro to take whatever steps available to collect the judgement,

but, on the other hand, the judge may see your lack of action on the contract as unreasonable and either allow repo or refine the contract to include a payment schedule.


OR you could simply pay your brother and be done with all of this.