can i reposes a car i let a family member make payments on when they dont pay?

[adamkisting]

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

 

[davidmcbeth3]

Cannot tell .. need more information (who is on title, who has car, where is car at etc.)

 

[FlyingRon]

Unless you have some security interest in the property (i.e., a lien) you can't reposess it.

If you are an owner, you can just take it (won't be a repossession technically).

Anything else would be grand theft.

 

[adamkisting]

Car is in my name still with my plates which are expired. He was supposed to take care of that months ago. The problem is he lives 3 hours and 2 states away from me. We wrote up a contract that he was supposed to pay x amount of dollars every month plus a motorcycle which I found out is in very poor condition and not running. It took him 4 months to pay me anything and now finally aging but way less than what was agreed on. Plus the bike being in poor condition this deal is not going to pay off good for me. I would be much better off just selling the car.

 

[adamkisting]

Yes there is a lien on the car which was going to be payed off and title transferred to his name when he payed of what he ows me. Which at the rate he is going will take a year.

 

[Zigner]

So, you have violated your agreement with the lender, huh? Great. It's ok for you to do that, but not for him?

 

[adamkisting]

I don't believe I have violated my agreement because I haven't actually sold the car. As far as they are concerned I am borrowing the car to him until he pays enough that I can pay off the loan.

 

[Zigner]

I don't believe I have violated my agreement because I haven't actually sold the car. As far as they are concerned I am borrowing the car to him until he pays enough that I can pay off the loan.

You're a liar too...

We wrote up a contract that he was supposed to pay x amount of dollars every month plus a motorcycle which I found out is in very poor condition and not running. It took him 4 months to pay me anything and now finally aging but way less than what was agreed on.

 

[adamkisting]

So what exactly is it I'm lying about? I have no reason to lie on here. I did someone a favor when I could have just sold the car and am now getting screwed. Yes, maybe I should have payed the car off before doing this but that wasn't a possibility and the Guy was going to loose custody of his kid if he didn't get a car right away. Sue me for being a nice Guy. The lender could care less what's being done with the car as long as payments are current and is payed off before being actually sold.

 

[Zigner]

The lender could care less what's being done with the car as long as payments are current and is payed off before being actually sold.

That is not true. Read your contract. What you are doing is giving somebody else a security interest and/or otherwise encumbering THEIR collateral.

 

[sandyclaus]

So what exactly is it I'm lying about? I have no reason to lie on here. I did someone a favor when I could have just sold the car and am now getting screwed. Yes, maybe I should have payed the car off before doing this but that wasn't a possibility and the Guy was going to loose custody of his kid if he didn't get a car right away. Sue me for being a nice Guy. The lender could care less what's being done with the car as long as payments are current and is payed off before being actually sold.

Your entire thread is about someone not paying you for the car you SOLD them before they ran off with it.

You SOLD the car much like a car dealership does. You get to take the car away but still owe money on it.

As long as there is a remaining balance due on a vehicle you buy, and there is a lien on the title reflecting that someone else owns it, you are NOT free to sell the car to someone else (unless, of course, they have paid you IN FULL, then you use that money to pay of the existing loan on the car - then making it YOUR car to sell as you wish).

Either you LOANED the car to this other person or you SOLD it.

If you SOLD it, you violated your agreement with the lending institution that sold you the car by selling something that wasn't yours to sell (YET).

But if you LOANED the car to the other person, then they don't owe you any money and you can't repossess it.

Make up your mind.

 

[adamkisting]

Ok, so if you want to look at it that way I LOANED him the car until he payed me enough money to SELL him the car. I know doing it the way I did wasn't the best idea and wont ever do something like this again. I simply wanted to help out a person I thought was trustworthy that was in a bad situation. I'm not asking if what I did was right just simply can I legally take the car back leaving him with no car because over the coarse of 6 months have only received only 350 dollars? I have fought him lying and giving me excuses over and over and most recently just got a parking ticket. I'm hate to do that to someone but I'm just done with the whole situation. Fyi I know exactly where the car is and can go get it any time I want
It just takes 3 hours to do utterly, he never "ran off with it"

 

[Zigner]

Ok, so if you want to look at it that way I LOANED him the car until he payed me enough money to SELL him the car.

Right - your a liar.

I know doing it the way I did wasn't the best idea and wont ever do something like this again. I simply wanted to help out a person I thought was trustworthy that was in a bad situation. I'm not asking if what I did was right just simply can I legally take the car back leaving him with no car because over the coarse of 6 months have only received only 350 dollars? I have fought him lying and giving me excuses over and over and most recently just got a parking ticket. I'm hate to do that to someone but I'm just done with the whole situation. Fyi I know exactly where the car is and can go get it any time I want
It just takes 3 hours to do utterly, he never "ran off with it"

Then go get the car. Of course, you can expect a lawsuit over this.

 

[adamkisting]

Ok zigner, I don't care what you think. You're opinion isn't needed.

 

[Zigner]

Ok zigner, I don't care what you think. You're opinion isn't needed.

You have stated REPEATEDLY that you SOLD the vehicle. Then, when it's pointed out that you are not entitled to sell the vehicle, you smugly say that the lienholder will never know and that you will simply say it was loaned.

You have stated your intention to lie.
What I posted is not an opinion.