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TexLaw
TexLaw, Attorney
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I sold my used car for payments and now 5 months later they

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I sold my used car for payments and now 5 months later they force it back on me w/o paying but 2 months payments and have put close to 8K miles on it. They asked if I wanted it back and I told them no, now they've dropped the keys at my door and refuse to discuss it. What are my rights to recoup anything?
Submitted: 2 years ago.
Category: Legal
Expert:  TexLaw replied 2 years ago.

Zachary D. Norris :

Hi,

Zachary D. Norris :

Are you there?

Customer:

yes

Customer:

trying to figure this system out :)

Customer:

are you there?

Expert:  TexLaw replied 2 years ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Expert:  TexLaw replied 2 years ago.
Did you have a written agreement with the person you sold your car to?

Did you enter into an arrangement with the finance company to have your name removed from the car note and have the buyer's name put on it?
Expert:  TexLaw replied 2 years ago.
Please see my questions. I've switched us to a different format, but we can still communicate back and forth.
Customer: replied 2 years ago.
It was a verbal agreement and they hadn't yet returned the bill of sale.....they even got a ticket in it that was 3 hrs away from me and claim they told the court yet says I have to send something in....I've already talked to the DMV and my responsibility of showing it was sold is done...it's flagged on the system as "sold" --- these were "friends"
Customer: replied 2 years ago.
,ok...in chat you didn't wait but a minute and I finally found where you asked a question...I have answered it and don't know where to look for your answer or if you've answered it....don't wanna miss your response this time.
Expert:  TexLaw replied 2 years ago.
OK,

Your in a bad situation. In Oregon, the Statute of Frauds (ORS 41.580) requires that an agreement to take over payments on a car note must be in writing. That being the case, you are liable to the finance company for the payments due on the car.

However, you could argue that your friends:

1. Agreed to purchase the car for the combined amount of payments left. You could sue them for this amount outright under a breach of contract theory.

2. Defrauded you by stating they would make the payments on the car and register a bill of sale, but not. This would be a fraud argument and could excuse the fact that you don't have a written agreement with them.

Did they promise to give you any money or simply take over the payments? What is the amount due on the payments overall?
Customer: replied 2 years ago.
Thank you and there's no finance co....I bought the car outright and I have the title....it was for 1900 and they paid 300.....was supposed to be 150/mo till paid in full they've had it for 5 months and only paid 2 pmts yet they've been driving it the whole time and got a ticket in it that the state assumed it was my son driving as it was a male....I've since cleared that up by notifying the DMV that we sold it in March and it was not my son driving it. They claim they have notified the court that is was the buyer driving it and supposably gave them their credit card info to take the ticket money but only when it's out of my son's name. As far as I have been told, it is proven that it wasn't my son yet they still claim they won't pay it until we do something that we are told we don't need to do. I received a notice that since it hasn't been paid it will go to collections in my son's name...this is when I told them that it's imperative they clear this up as my son should not have to deal with something he has nothing to do with (he just got his lic last week). we may not have a written contract but what about emails exchanged in regards XXXXX XXXXX agreement??
Expert:  TexLaw replied 2 years ago.
OK. This is different then. I misunderstood what you were saying earlier. In this case, you simply need to sue them in small claims court for the remaining $1,600.00. In regard to the ticket, my advice is to pay this off, and then add this to the $1,600 amount that you are suing for. The only other way to do it is to go to traffic court and fight the ticket. But it sounds like the deadline has already passed on that issue.
Customer: replied 2 years ago.
Great...but ok, sounds like the reasonable thing to do for my son....so since they had possession of the car for 5 months and only paid two payments....is it rediculous to assume this could be considered theft?
Expert:  TexLaw replied 2 years ago.
Theft, no. Criminal fraud, maybe. However, you would have to establish the intent from the beginning to never pay you. Since they made some payments, this likely takes it out of criminal law and leaves you with a civil remedy only.

On the ticket issue, you are in a tough position because the transaction was not formalized with a contract and a UCC security document filed with the county and/or state. If there were more formalized documents, then you'd be able to get out of paying the ticket. The other problem is that the hearing date has likely already passed. If the court would still allow a hearing, then you could go to court and plead not guilty (as they could not prove that it was you or your son driving the car).
Customer: replied 2 years ago.
ok, thank you very much for your help. :)
Bev

Expert:  TexLaw replied 2 years ago.
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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4201
Experience: Lead trial/International commercial attorney licensed 11 yrs
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Lead trial/International commercial attorney licensed 11 yrs