Judgement

[Amanda Cole]

I live in the state of Minnesota. I sold my car for $4,200. I had the man who bought my car sign a contract and had it notarized. The contract stated that if he didnt pay $300 by the first of the month for 3 consecutive months that the car would go back to me and he would owe on damages. I took the car back when he started not paying and the car is barely drivable now. He still owed $3,400. Now Im planning on going to small claims court.

OK, if I chose breach of contract and win, would the judge most likely say that the guy has to pay the remaining balance in a certain amount of time and then he gets the car back, and if he doesnt pay by the deadline I can do with the car as I wish (But he would still owe me the money because he did breach contract?)

And if so, what could the amount of time be for me to hold the car? The storage will get unaffordable if it is too long...

I am aware all judgements can be different, but I would like to know what could lie ahead in this mess.

Thank you!!
Amanda

 

[JETX]

Unless you sue for "Specific Performance" or he counter sues for same, the ownership of the car is no longer a concern. Depending on what your 'agreement' says regarging repossession of the security interest (car), normally the car will be yours to do with as you please and time or storage will not be an issue.

Your legal action should only be to recover the 'damages' that you incur in getting the car back into 'reasonable' condition, if allowed in your agreement.