I sold a car to a neighbor for $3,000 in November 2011. I sold the car "As Is," and allowed the neighbor to make a deposit of $1,500 and to pay the balance of $1,500 at a later date. Since she was a neighbor, I gave her the title so she could get her tags, as she really needed the car for work. After the buyer took ownership of the vehicle, she had car trouble, and had to get a part repaired. I offered to help her with repairs; she said not to worry. Now, she is refusing to pay the balance on the car. What action can/should I take?
Country relating to Question: United States
State (if USA): Georgia
Nothing yet. Attempted to collect.
Hi,My name is XXXXX XXXXX X'd be happy to answer your questions today.You are correct that the sale of a used vehicle is as/is. You have no legal obligation to do the repairs or pay for them, and your neighbor has no legal right to refuse payment. If you did not state a specific time for payment when the deal was made, the law will infer "a reasonable time." What is reasonable depends on the facts of a given case, but if she has paid nothing during the past six months, the judge is probably going to find that she is in breach of the contract (it would be different if she was making monthly payments). In addition, you can treat her refusal to pay as a total breach of the contract. Unfortunately, you're not allowed to reclaim the vehicle, unless you signed something that gave you a lien on it. What you can do is sue her in Small Claims Court for the balance due on the contract. You're allowed to ask for up to $15,000 in Magistrate's Court, which is Georgia's name for Small Claims. These courts tend to be very user-friendly. This site has forms and instructions you can use to initiate your claim.http://www.georgiacourts.org/councils/magistrate/forms.htmlIf you would prefer to avoid going to court, in some cases, it helps to send a demand letter via certified mail insisting that the other party make payment within a specified time period. Without knowing more about your situation, it's difficult to say whether it would be likely to work, but that is another option available to you.Good luck.
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