violation of car lease agreement

[samny700]

New York

I leased my car for 5 months to someone in NY with a monthly payment schedule due by 15th of each month. The lessee failed to make the payment in the 2nd month. He initially asked for extension of 1 week, sadly I stopped hearing back from him anymore. My car is still in his possession. I am traveling abroad and will not be back until a few months. What are my options at this point? How do I at least get my car possession back and get it parked in a long term parking space? Do I need to call the police from here? We signed a proper agreement and I've his signature on the agreement as well.

Any help greatly appreciated.


Sam

 

[quincy]

New York

I leased my car for 5 months to someone in NY with a monthly payment schedule due by 15th of each month. The lessee failed to make the payment in the 2nd month. He initially asked for extension of 1 week, sadly I stopped hearing back from him anymore. My car is still in his possession. I am traveling abroad and will not be back until a few months. What are my options at this point? How do I at least get my car possession back and get it parked in a long term parking space? Do I need to call the police from here? We signed a proper agreement and I've his signature on the agreement as well.

Any help greatly appreciated.


Sam

If the car is in your name and you have a set of keys, you can retrieve (repossess) your car and/or you can sue for breach of contract.

 

[samny700]

he has the keys and I am abroad at the moment. Should I call the police in my home jurisidction and ask them to help?

 

[quincy]

he has the keys and I am abroad at the moment. Should I call the police in my home jurisidction and ask them to help?

The police won’t do anything. The car was not stolen. There has been a breach of the contract you had with the man and a breach of contract is a civil matter not a criminal matter.

You could inform the fellow that he has breached the terms of your agreement and he should either pay what is owed or the car will be repossessed. Then you could hire someone to tow the truck to the long-term lot of your choice.

 

[samny700]

Understood. Can I contact a lawyer from here who can help me in this matter? I wonder if the man has run away with the car as his phone has gone silent.

 

[quincy]

Understood. Can I contact a lawyer from here who can help me in this matter? I wonder if the man has run away with the car as his phone has gone silent.

Sure. You could hire an attorney. You will want to locate the fellow and your car first.

What is the amount of money you have lost in payments and how does this compare to what you will be paying in monthly storage fees should you repossess the car?

 

[samny700]

$800 per month per the agreement.
My bigger concern at the moment is my car. What can I do if I am unable to locate the fellow or my car?

 

[quincy]

$800 per month per the agreement.
My bigger concern at the moment is my car. What can I do if I am unable to locate the fellow or my car?

If you are unable to locate the fellow and your car, THEN that might be something to report to the police.

 

[samny700]

Thank you.

 

[quincy]

Thank you.

You’re welcome, samny700. I appreciate the thanks.

I hope you can recover your car and/or the overdue payments without too much effort on your part. Good luck.

 

[Zigner]

New York

I leased my car for 5 months to someone in NY with a monthly payment schedule due by 15th of each month. The lessee failed to make the payment in the 2nd month. He initially asked for extension of 1 week, sadly I stopped hearing back from him anymore. My car is still in his possession. I am traveling abroad and will not be back until a few months. What are my options at this point? How do I at least get my car possession back and get it parked in a long term parking space? Do I need to call the police from here? We signed a proper agreement and I've his signature on the agreement as well.

Any help greatly appreciated.


Sam

I may disagree with Quincy's advice. If your lease agreement does not allow for you to take possession (repossess) the car upon failure to make payment, then you cannot legally repossess the car. In fact, if you do, that could be considered theft of the vehicle. Does your lease allow for repossession?

 

[quincy]

I may disagree with Quincy's advice. If your lease agreement does not allow for you to take possession (repossess) the car upon failure to make payment, then you cannot legally repossess the car. In fact, if you do, that could be considered theft of the vehicle. Does your lease allow for repossession?

The wording of the lease agreement is important. You’re right.

 

[samny700]

Yes, lease agreement details late fees for 20 late days, thereafter repossession of vehicle.

 

[samny700]

I've notified the lessee that I will reporting to legal authorities if he doesn't return the car and respond to me about his whereabouts. He has stopped replying to emails and his phone has gone silent. I think this is important in case my car gets involved in an accident or illegal practice.

 

[quincy]

I've notified the lessee that I will reporting to legal authorities if he doesn't return the car and respond to me about his whereabouts. He has stopped replying to emails and his phone has gone silent. I think this is important in case my car gets involved in an accident or illegal practice.

Does he know to WHERE he should return the car?

Send a letter to him to his last known address (certified mail, return receipt requested). Don’t rely on emails or texts.