An Ex Roomate was needing a car for work because she had no ride to work. My boyfriend is in control of his dad's money an 81 year man. The vehicle bought a check was written to the car lot in another state. A verbal agreement was made before the purchase of any vehicle and she agreed. she has taken the car from one state to another, with her name on title no lien was made until vehicle was paid just verbally. We have asked her for the rest of money texted her. she keeps avoiding the fact she has had the vehicle since March and only has paid $20.00 a month and that was not her agreement (verbally ) to my boyfriend and me and his dad. if she could not pay for the vehicle in a timely manner then she needed to let us know so I could pay it off and the car would change ownership. She was suppose to put both of our names on the title and neglected to do that, and pay for 1/2 insurance which she did pay for insurance. What do we do? We have talked to another attorney and fill out a Bill of Sale and fill out and hand, email or by registered mail. I handed the papers to her. Our nexted process is to write out we our repossing the vehicle and sueing her for the amount, she has not paid us any money or called, or spoke to us about the final payment. We do not want the money we want the car for someone else, and not buying the vehicle. What do we Do Now?
State/Country relating to question: Kansas
Just about everything I have discussed, and maybe a few steam blown. she does not realize she would be in very much trouble because of this. And thinks it's funny. and do not know the law????
I am very surprised that an attorney has not told you the remedy is to file a Petition for a Writ of Replevin. When a person wrongfully takes property or wrongly detains it then the remedy for that is this Writ. This is what needs to be filed asap for the return of the car since she has legal title and you need a court of equity like this one to be able to go behind the legal title to see where the equity would require the title to really be, and it should be with you. The writ of replevin can do that for you. This is why if you do a deal like this again, either keep the title till paid in full, or lien the title for the amount of the loan. By not doing this she does at this point have legal title, but you should be able to correct that with the writ. Sincerely, Steve
We are In Differrent States and Counties, Do we file In Are State And County? Or do we file In the state she lasts resided In? I know she works at the same place and is being very irrational over other things. I am A Tribel Member and work at a Tribel Casino as she does? Although one county and tribel has juridiction who comes to help their problem is discussing who helps when Tribel is less than 3 minutes driving from the Casino. I have also called a Tow Truck to reposse the vehicle and he said we needed the right paperwork before he helps, because It would be like stealing a car. so as to me he is helping her to hold on the car longer and helping her steal the car.
That is correct as long as she has title no one will repossess it. That is why you need to file the writ in the county in which the property is located. That is the county that has jurisdiction. Good luck, Steve
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