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socrateaser, Lawyer
Category: Legal
Satisfied Customers: 38451
Experience:  Retired (mostly)
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My son bought a vehicle from a friend. The Security

Customer Question

My son bought a vehicle from a friend. The Security Agreement written up at the Finance Dept states $200 a monh with no specific date of the month. The girl came on the 31st of May to take the vehicle back and since he did not know what to do he let her take it. She refused to accept payment from me. As I see it he was not past due until after midnight of the 31st since no specific date was stated on the agreement. Do we have any recourse as we have tried to contact her and get her to accept payment and bring the truck back to no avail. The vehicle is hidden apparantly at this time.
Submitted: 8 years ago.
Category: Legal
Expert:  socrateaser replied 8 years ago.

On what date was the original contract made?

Customer: replied 8 years ago.
The agreement was signed dated 3/12/08
Expert:  socrateaser replied 8 years ago.

If the contract was signed on 4/12/08, then the first payment would be due 5/12/08, unless the first month was prorated in the contract. That said, if the seller received down payment for the vehicle that was more than the value of the vehicle's use for the time in your possession, plus recovery and repair costs, if applicable, then you should be enttled to any amount over that refunded.

The seller probably doesn't trust that you will pay, but if you take her to court, it doesn't mean that you can get the car back, if you violated the security agreement.

Your best move is to try to negotiate, in my opinion -- at least based on the facts you've posted so far.