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Sold car and deal went badly

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sh07

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

I live in California and I recently sold a vehicle with a written contracts agreeing to payments until full amount was paid. However, the pink was signed over and she now has the car registered in her name and will no longer make payments. Upon trying to reconcile the matter she stated the car is hers. I understand the mistake in allowing her to have the pink, but do I have any rights to get my vehicle back?
 


Zigner

Senior Member, Non-Attorney
You can sue and get the court to give you the car back.
What court do you think will do that? Not Small Claims...

ETA: Heck, I'm not even convinced that the "contract" in question even gives the OP the right to recover the vehicle if payments aren't made...I suspect it doesn't.
 

quincy

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

... the pink was signed over and she now has the car registered in her name ... I understand the mistake in allowing her to have the pink ...
The pink? Hey, Californians - what is a pink?
 

tranquility

Senior Member
What court do you think will do that? Not Small Claims...

ETA: Heck, I'm not even convinced that the "contract" in question even gives the OP the right to recover the vehicle if payments aren't made...I suspect it doesn't.
116.210. In each superior court there shall be a small claims
division. The small claims division may be known as the small claims
court.


116.220. (a) The small claims court has jurisdiction in the
following actions:
(1) Except as provided in subdivisions (c), (e), and (f), for
recovery of money, if the amount of the demand does not exceed five
thousand dollars ($5,000).
(2) Except as provided in subdivisions (c), (e), and (f), to
enforce payment of delinquent unsecured personal property taxes in an
amount not to exceed five thousand dollars ($5,000), if the legality
of the tax is not contested by the defendant.
(3) To issue the writ of possession authorized by Sections 1861.5
and 1861.10 of the Civil Code if the amount of the demand does not
exceed five thousand dollars ($5,000).
(4) To confirm, correct, or vacate a fee arbitration award not
exceeding five thousand dollars ($5,000) between an attorney and
client that is binding or has become binding, or to conduct a hearing
de novo between an attorney and client after nonbinding arbitration
of a fee dispute involving no more than five thousand dollars
($5,000) in controversy, pursuant to Article 13 (commencing with
Section 6200) of Chapter 4 of Division 3 of the Business and
Professions Code.
(5) For an injunction or other equitable relief only when a
statute expressly authorizes a small claims court to award that
relief.
(b) In any action seeking relief authorized by paragraphs (1) to
(4), inclusive, of subdivision (a), the court may grant equitable
relief in the form of rescission,
restitution, reformation, and
specific performance, in lieu of, or in addition to, money damages.
The court may issue a conditional judgment. The court shall retain
jurisdiction until full payment and performance of any judgment or
order.
Why do you doubt there was a contract for the sale of a vehicle?
I live in California and I recently sold a vehicle with a written contracts agreeing to payments until full amount was paid
I agree it does not provide the OP can "recover" the vehicle with self-help. But, if the court rescinds the contract, the parties should be returned to status quo ante. (Meaning the OP gets the car and the buyer gets her money back.)
 

Zigner

Senior Member, Non-Attorney
Why do you doubt there was a contract for the sale of a vehicle?
I agree it does not provide the OP can "recover" the vehicle with self-help. But, if the court rescinds the contract, the parties should be returned to status quo ante. (Meaning the OP gets the car and the buyer gets her money back.)
The court is not going to order that. The court will deal with this as a money matter.
 

tranquility

Senior Member
The court is not going to order that. The court will deal with this as a money matter.
The court always wants things to be just money. But, if the defendant does not have money to pay a judgement, equity would require the return of the car. Rescission is not a bizarre remedy.
 

Zigner

Senior Member, Non-Attorney
The court always wants things to be just money. But, if the defendant does not have money to pay a judgement, equity would require the return of the car. Rescission is not a bizarre remedy.
The court is not going to rescind the deal, it has no reason to. The OP has no security interest in the vehicle and their contract did not contemplate a security interest.
 

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