Sold and financed car to ex co-worker who has vanished.

[stigmata]

Hi,
I had a vehicle which I no longer needed that I sold (and financed) to a co-worker. The car has remained in my name as I myself am still paying it off from the bank. He still owes me approximately $1600. (He has paid me approximately $3600 so far)
We have a signed contract stating that I may repossess the car if any payments are missed - of which there have already been two missed. His phone is disconnected and has no forwarding number. I do not know his current location, but I think he's in the Seattle metro area. (I'm in Portland, OR) I have tried checking with all the free online people-search facilities and have called the Seattle telephone information listing (411) all to no avail.
What options do I have to find this person and my car? Should I just take him to small claims court? Is it illegal for me to report the car as stolen?

Thanks, Ian.

 

[Moe from MO]

If you can't find him you'd have trouble suing him in small claims court. Then too I'd guess a judgment won't be of much good, if you got it. Collecting is the problem.

If you did not transfer title I'd consider reporting it stolen -- if you did transfer title, did you reserve a lien on the car? Did you notify the finance company?

 

[stigmata]

The car title is still in my name. The agreement in the contract of sale was that he'd get the title once he'd completely payed off his obligation to me.
I've just found out he's living in Washington (I'm in Oregon). If I choose to sue him in small claims court do I file in Oregon or Washington?

 

[Realmom]

Legally you still own the car. He is in breach of contract/therefore the contact is no longer valid for him.Was this situation covered in your contract with him. Was the contract written or just implied? Do you still have a key to the car? I would suggest that you go get it and drive it home. Change the lock on the door of the car to keep him from taking it back from you the same way you got it from him. It all boils down to the title. What state are you in? How far away is the car/guy from you?
So I say go get your car. If you know where he works and if he is driving the car then catch him when he is away from the car and get a locksmith to make a key for you. Then drive it away.TAKE THE TITLE with you in event you need to prove it is your car along with your drivers license for identification. It is possible that you might be able to get a sherrif to go with you to retrieve the car. It worth an inquiry. Afterall you are the legal owner. He owes you too much money in my opinion to just let it slide so to speak. You could sue him in court but this would take time and it seems that the sooner you resolve this matter the better. He appears to have no further interest in paying off his debt to you. In being a lender so to speak you have a responsibility to yourself to make this thing right. I say go get your car but don't warn him that is what you are going to do. Just do it. This is what any other lending institution would do. It happens everyday.
Good Luck.

 

[Realmom]

Legally you still own the car. He is in breach of contract/therefore the contact is no longer valid for him.Was this situation covered in your contract with him. Was the contract written or just implied? Do you still have a key to the car? I would suggest that you go get it and drive it home. Change the lock on the door of the car to keep him from taking it back from you the same way you got it from him. It all boils down to the title. What state are you in? How far away is the car/guy from you?
So I say go get your car. If you know where he works and if he is driving the car then catch him when he is away from the car and get a locksmith to make a key for you. Then drive it away.TAKE THE TITLE with you in event you need to prove it is your car along with your drivers license for identification. It is possible that you might be able to get a sherrif to go with you to retrieve the car. It worth an inquiry. Afterall you are the legal owner. He owes you too much money in my opinion to just let it slide so to speak. You could sue him in court but this would take time and it seems that the sooner you resolve this matter the better. He appears to have no further interest in paying off his debt to you. In being a lender so to speak you have a responsibility to yourself to make this thing right. I say go get your car but don't warn him that is what you are going to do. Just do it. This is what any other lending institution would do. It happens everyday.
Good Luck.

 

[stigmata]

Realmom,

Thanks for the advice. The contract that I drew up and we signed for the car specifically lays out that I can reposess the car in the event of a missed payment. The contract even specifies a formula to calculate whatever residual value I would owe him in event of a reposession.
I live in Portland, Oregon and the person with the car apparently is working at Microsoft. Unfortunately I have no idea how many campuses in Washington Microsoft has, but if there were only one it would be worth my time to drive up the 180 miles to get the car. I no longer have a key to the car - but I was thinking I'd have the car towed to a dealer or repair shop in order for keys/locks to be made for the car.

Thanks

 

[Ga BusinessMan]

Please be very careful. I own a repo company and there are many things you can be held liable for. First, Check with the local police and see if there are standard procedures to be followed prior to picking up your vehicle. Many police departments require prior notification and copies of paperwork. this is to prevent an unnecessary
trip out to make a stolen car report.
Also, many people react violently when thier
vehicle is picked up. There have been cases of physical injury and even death for people trying to sneak in and take a vehicle. remember, in a parking lot to a guard it may look as if you are stealing the vehicle.
Many tow services are also liscensed reposession companies and will recover your vehicle for a fee. Sometimes it is not much more than you would have paid just to have it towed and they are usually liscensed and insured( even bonded).