I am in California. I was selling my van to an individual. This individual has not made any payments on the van in over a year. I heard through a mutual friend that this individual was prepareing to leave the state,part out my van ans scrap it for salvage. The individual went out of state for a two week vacation and had the van at a mechanics house. Who was doing work on the van. Fearing that I may loose the van I went to the mechanics house, paid for his labor (the parts had been already paid for) and took the van back. This individual is threatening civil action. What kind of action can they bring? I think I was justified in taking the van back.
Optional Information: State/Country of Question: California Already Tried: The sales agreement was a verbal agreement. But when I questioned the individual about the status of the van they were evasive and what they told me did'nt match what her friends had said she had told them.
hi
if you have made written demand for payment and he did not comply and if the title is still in your name - meaning you did not sign it over to him - then he has no recourse. in essence you have done a private repossession. however, if you signed the title to him he can file criminal theft charges because you gave him the title to the vehicle. he then can file a civil suit for his damages and deprivation of his property.
There was no written request. I was under the belief that all would transpire on Aug 8th or 9th. The van is still registered in my name.
the van belongs to you - no payments have been made as agreed. the cops will not take a report for criminal charges as you hold the title. and a civil court will not find for her. she owed you and welshed breaching the contract.
Experience: 20 years practicing law