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car, contract, collection advice please

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mae13

Junior Member
I'm from california, i sold my sisters' boyfriend a car and they broke up and now he is not paying on time and has skiped a payment and i have not yet recieved a payment for Dec. He does not return my phone calls and im afraid he'll skip town.he has the pink slip in his name already because we thought we could trust him. We both wrote up and a contract he signed it but it is not notorized, the car was sold to him for $3000 the contract read he was to pay $100 a month He owes $1,300 still. i have receits, and his mother even wrote a check payment for the month of Oct. I have a copy of the contract as does he. He even said one time the car is in his name so we can't do anything about it.
any advice you can give me will be very apreciated,
mae
 


S

seniorjudge

Guest
Can you hire a repo? (I am assuming you have a lien on the car.)

If you do not have a lien on the car, then you will have to sue him, get a judgment against him, and then get a repo.
 

JETX

Senior Member
seniorjudge said:
Can you hire a repo? (I am assuming you have a lien on the car.)

If you do not have a lien on the car, then you will have to sue him, get a judgment against him, and then get a repo.
That is NOT correct!!!

The writer has NO rights to repossession of the vehicle UNLESS he has a security interest included in the promissory note. Even if he does get a judgment!!

So, a CORRECT response to the OP:
Since you have already transferred title to the buyer (and without ANY specific security interest), your ONLY recourse if he breaches the agreement is to file a lawsuit. If/When you get a judgment, you will have to attempt to enforce it with the 'normal' processes as allowed by law. If the vehicle is a non-exempt asset, you can pursue recovery through a writ of execution. If it is exempt, you can't get it.

Your mistakes in this transaction (for future reference):
- If you have a promissory note, include a security interest clause.
- If the vehicle is not paid in full, include your name on the title as lienholder.
- Never, EVER agree to payments just because someone is a 'friend'.
- Always, ALWAYS get every detail in writing.... even if a 'friend'.
 

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