SELLING CAR, HOW TO COLLECT

[CNOLAND]

I have a 1989 Oldsmobile Custlass Supreme automobile that I am selling to an ex-neighbor, for the amount of $350.00. I have the title to the car still in my name and possession. The car has been in his possession since November 2000. The oral and written (he has a copy) agreement was for $50 per month beginning December 2000, with the last payment being due June 2000. This person has not made the first payment on the car, and has towed the car off somewhere else.

The last time I spoke to this person was near the end of March 2001, at which time he promised to pay in full when his taxes come in.

My daughter has been a witness to these transactions.

I have been back by his home and e-mailed him. I still have not received any reply.

What are my legal rights, and what should I do to collect
on this?

Carol Noland
Smiths, Alabama

 

[JETX]

Take him to Small Claims court. Get your money and sign over the title.

Since you voluntarily gave him 'permission' to possess the vehicle, you cannot file auto theft on him.

You need to get rid of this situation NOW. There are a lot of situations that could get you in trouble. For example:
1) The vehicle could be in an accident, and since you are the registered owner, YOU could be liable for the damages.
2) The vehicle could have 'earned' LOTS of $$ in tickets or storage fees. Again, as the owner, you are liable.

Send the neighbor a letter CERTIFIED RRR and demand payment in full for the vehicle. Include that he has few days from reciept (5 days?) to pay. Then, if he doesn't pay it, take him to court.