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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32364
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I have a private contract that has been notarized and signed

Customer Question

I have a private contract that has been notarized and signed by both parties, in this case the other party has refused to make payments on the car Im selling her, if I go get the car with the spare key because my name is ***** ***** title by itself will I get into trouble? I have told her I want to void the contract twice and she won't respond
Submitted: 4 months ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Are you listed as lienholder on the vehicle?

Customer: replied 4 months ago.
No but the contract states I am the owner and she is purchasing from me, I am the only one on the title and I want my car back
Expert:  Dwayne B. replied 4 months ago.

You shouldn't be charged with a crime if you pick the car up but many judges frown on "self help" in a civil case is you aren't the lienholder on the vehicle. Being a lienholder and being listed as the owner on the car are two different things. Technically since you are financing the car from them you should have them listed as the owner (or at least an owner) and yourself as the lienholder and a proper lien then gives the right to repossess.

Since your name is ***** ***** title you shouldn't face any criminal charges but the judge can find that the failure to put the other person's name on the title and then you taking possession of the car without a valid lien is a breach of contract and the judge can order you to return the car, prepare the paperwork correctly, and then pay the other side's attorney's fees. Most judges won't order that since the other side isn't making the payments but I have seen it done so you just need to be prepared for the argument.

That would be the worst that could happen to you though.

Customer: replied 4 months ago.
Well I originally had her listed on the title and removed her when she took out a title loan on it. I paid off the title loan so that is listed on the document she has as additional debt she owes me, she owes me $ in addition to the car. will that have any sway on the judge and his ruling? I don't want her to have the car any longer and have requested to dissolve the contract and she will not abide by my wishes
Customer: replied 4 months ago.
how long do I have to void the contract?
Expert:  Dwayne B. replied 4 months ago.

I think it would as far as the reason you don't have her as an owner, but technically you should still have listed yourself as a lienholder to be able to repo the car. You could also explain to the judge that you were just trying to avoid spending additional funds and most judges would understand.

There's no specific time to rescind the contract. If that is what you want to do and you're not trying to sue for anything extra then you can just file a lawsuit to rescind the contract.

Customer: replied 4 months ago.
She owes me $5,923 total I have the car listed as $2,300 the rest is title loan as well as $ I lent her, at this point do I need to hire an attorney for me to recover the $? And protect me if I pick up the car?
Expert:  Dwayne B. replied 4 months ago.

You probably would be better off getting an attorney to handle it all and you can sue for the attorney's fees as well. There are a lot of requirements if you are going to try and sue for the money as well as the vehicle.

Expert:  Dwayne B. replied 4 months ago.

You can have the lawyer file for a turnover order which is where the judge enters an order telling them to turn the car over to you are a certain time and date.

Customer: replied 4 months ago.
Do you happen to know any lawyers in this area or have a list or something I can work off of?
Expert:  Dwayne B. replied 4 months ago.

You can find a lawyer to assist you by going to www.lawyers.com and in the section for Area of Practice enter Civil Litigation or Collections Law. Either of those will have the skill set you need.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.