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Experience:  Licensed Atty, 28 yrs exp in the practice of law.
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I sold my car to my daughter who agreed to pay me monthly until

Resolved Question:

I sold my car to my daughter who agreed to pay me monthly until paid off, recently she got mad at me and said she was not going to finish paying for the car and that I could'nt do a thing about it because the car was already in her name. Is there anything I can do?
Submitted: 1 year ago.
Category: Legal
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. Can you tell me if you and your daughter put any of this agreement in writing? How much does she stil owe you? Who's name is XXXXX XXXXX in?
Customer: replied 1 year ago.

It isnt in writing and she insures it. The balance is $4000. But a lot of people know about the agreement including a half dozen police officers who were present when she told me she wasnt going to finish paying for it.

Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for the additional information, it was helpful. In Oregon, as in all states, both verbal and written contracts are enforceable. The only issue is establishing that there was a "meeting of the minds" about the loan and the amount owed. If you can establish that, then you can file suit against her in small claims court. It is a fairly simple process and you can do it yourself if you want to. The court can order her to pay you and if she doesn't, you can go back to the court and get a garnishment order against her wages or bank account. If she has no job or money in the bank, then you could them ask the court to have her sign the vehicle over to you, or order a forced sale.

Please let me know if you have any related follow up questions. I would be glad to assist you further if I can.
Customer: replied 1 year ago.

how do I file a suit?

Expert:  Marsha411JD replied 1 year ago.
I have provided a link to the Oregon Bar Association's description of small claims court and the process. You will want to read that in full and then go to your county's court clerk who will have the fill in the blank paperwork and instructions for filing a small claims court suit.

http://www.osbar.org/public/legalinfo/1061_SmallClaims.htm
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 17534
Experience: Licensed Atty, 28 yrs exp in the practice of law.
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Marsha411JD
Marsha411JD
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17534 Satisfied Customers
Licensed Atty, 28 yrs exp in the practice of law.