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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110408
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Hello I have a car that im selling to a family member.I made

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Hello I have a car that im selling to a family member.I made up a contract stating what I want for the car each month. And the first payment to start on February 1, 2013. The contract does not state the payments will be made on the first of every month but I told him they needed to be made on the first of every month. Also the contract says I will take car back if he is two payments behind. I have not got Junes payment so if he has not given me payment by July 2nd can I get my car back?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Yes, if the contract does not specify that the payments would be made on the 1st of every month but it starts on February 1 and states payments would be made monthly, then payments are presumed by law to be on the 1st of every month. Furthermore, if he is not in compliance with the terms of the contract and has missed the two payments, then on July 2 he is officially 2 months behind and you can repossess the vehicle as long as you can do so without causing any disturbance of the peace. If you cannot get the car without causing a disturbance, you would have to sue him for breach of contract and seek to get the car back through the court.

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