debt collecting question- ohio

[hitman88]

What is the name of your state? ohio

this might not be the right forum, forgive me if it's wrong.
i recently sold a car to a co-worker and agreed to take payments on the $2500 purchase price. he gave me $500 down with the verbal agreement to have the balance paid off by the end of october. he currently has possesion of the car, but i still have the title and it's still in my name. i also gave (and we both signed) a reciept that states he gave $500 downpayment on $2500 for my 1996 probe. to date i have received a total of $690 (including the downpayment) from him, he is no longer employed with me, and has quit returning my phone calls and/or other attempts at contacting him (i.e. letters). how do i go about collecting this debt or getting my car back now? do i have to sue? can i simply take a spare key and go get the car back? do i have to contact the police? tia

 

[badapple40]

I would go ahead and sue him. Is he behind in his payments? E.g. has he defaulted?

I would not advise merely taking the car, especially since if you do so in a manner that is considered a breach of the peace, you will be liable for conversion. You may want to obtain a judgment on the debt, and then have the court issue a writ of execution on the car to repossess it. If the sherriff does it, you avoid all the hastles of repossession issues. $2,500 is under the small claims limit in Ohio, go ahead and file a small claims complaint for the car.

 

[hitman88]

is there a way without sueing? can't i just have the sheriff's get my car back w/o going to court? the title for the car is still in my name, as well as my possession. i'm afraid that if i file some kind of lawsuit he will destroy the car, making the proerty useless. and even with a court judgement it can be extremely difficult and expensive (as well as frustrating) to recover any money at all.

 

[Tayla]

What is the name of your state? ohio

this might not be the right forum, forgive me if it's wrong.
i recently sold a car to a co-worker and agreed to take payments on the $2500 purchase price. he gave me $500 down with the verbal agreement to have the balance paid off by the end of october. he currently has possesion of the car, but i still have the title and it's still in my name. i also gave (and we both signed) a reciept that states he gave $500 downpayment on $2500 for my 1996 probe. to date i have received a total of $690 (including the downpayment) from him, he is no longer employed with me, and has quit returning my phone calls and/or other attempts at contacting him (i.e. letters). how do i go about collecting this debt or getting my car back now? do i have to sue? can i simply take a spare key and go get the car back? do i have to contact the police? tia

FACT: Car is still titled in your name. Car has not been registered in other persons name. This makes you the owner til transfer of title occurs along with said payment of automobile at the agreed upon price. Agreed contract (verbal) was he had til the end of October to pay in full. This being the situation you may want to wait til the beginning of November to claim possession....

Caution: Because car is in other persons possession means you can be held liable for any accidents or damages committed with said vehicle whilst out of your immediate possession.Heck even parking tickets can be racked up and you'd be accountable. Have you thought about calling the police and reporting it stolen. The simple document of title and registration should be proof positive for them to retrieve it. Just an idea since the law seems to be on your side on this matter. Bare in mind you probably need to issue a partial refund to said person upon return of said vehicle, if it gets to that point. Maybe the thought of having the car taken back will jar the person into making final payment. Who knows....

Consider the above...food for thought.

 

[hitman88]

if i report the car stolen though doesn't he automatically get charged with gta? or at least unauthorized use? i really don't want the guy in jail, just either want my car back or the cash he owes me.

 

[Tayla]

Some options were given , feel free to do with the ideas what you will.
You are fully aware of the ramifications legally if something should happen when the car is out of your possession and an incident occurs. I'm curiuos how the car can be insured under his policy if you still retain title (ownership).
That aside , seek counsel if only to see what options are available under the OHIO law for this particular situation.

 

[JETX]

Okay, lets try to get you some CORRECT answers.....
Do NOT report the vehicle as stolen... because it wasn't.
Since you are the legal (titled) owner of the vehicle, you do NOT have to file a lawsuit to recover YOUR property.

As long as you still have the title to the vehicle in your name, it is YOUR vehicle. Simply, take a key and go get it. It is best that you take it from a parking lot (work, store, etc.). As soon as you get it, take the vehicle to a safe place, call the police and tell them that you have 'repossessed' the vehicle. They will ask for your information (name, address, DL, etc.) and the information on the vehicle (tags, VIN, etc.). This is in case the 'buyer' reports the vehicle as stolen. Also, you should contact the buyer and advise him of your 'recovery' and make arrangements for him to get his personal property from the vehicle.

You will also be responsible for any personal property that is left in the vehicle, so be sure to inventory (pictures if possible).

One risk you may have is that the 'buyer' may threaten action on the money he paid. I would simply explain that covered his usage and damage (if any) for the usage of your vehicle.

 

[hitman88]

well, it seems that he has moved the car to some where i will not find it. it is no longer at his home, nor is it at his parents address which i found through a little searching. what can i do now since i can't simply just go get it?

 

[Ladynred]

Do you know if he drives it ?? Do you know where he works ???

 

[JETX]

what can i do now since i can't simply just go get it?

Then you may have to hire 'professionals'..... repo men who do this for a living and can take the processes needed to try to locate the vehicle.

 

[hitman88]

i believe he is driving it, which would mean he's driving it illegally (i.e. false plates). up until two weeks ago he was working with me, but if he's found another job i do not know. this brings up two questions, since i believe he is driving it and since it is legally my car, am i still responsable for anything that happens while he is driving it illegally? and the second, if it comes down to it, how do you go about hiring a professional repo man? are they in the phone book?

 

[JETX]

since i believe he is driving it and since it is legally my car, am i still responsable for anything that happens while he is driving it illegally?

Yep.

if it comes down to it, how do you go about hiring a professional repo man? are they in the phone book?

Yep.