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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99444
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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hi my name is XXXXX XXXXX in aug. 2012 i sold my 2000 toyota

This answer was rated:

hi my name is XXXXX XXXXX in aug. 2012 i sold my 2000 toyota avalon to my step son tim
with a written agreement to pay me $200.00 a month for 24 months for a total of $4800.00
no money down and interest free , sence then i only received about 600.00 and he wont
return my calls texts or emails, as much as i hate to do this what can i do to collect the
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation, Gary. Can you please tell me whether at the time of the sale:

1) You transferred title into his name, or
2) You did not, or
3) You did, but, became a LIEN holder on the title?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

i transferred the title into his name, but later got a writen agreement that he signed agreeing to the turms . i really didnt think he would do this to

us we have help him a lot in past.

Thank you.

What happens is that if the title was in your name, you could have technically "repossessed" it and sold at auction if he defaulted on payment. This is what a lot of car dealers do, and keep the title until the payment is 100% complete.

Alternatively, they place a lien on the title which allows them to do the same.

If he has a CLEAR title, I am afraid that you cannot force him to return the vehicle unless he is willing to. However, you may sue him in small claims court. See here.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

This is a "breach of contract." The essential elements of such a cause of action: (1) the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to plaintiff. Reichert v. General Ins. Co. of America, 68 Cal.2d 822, 830, 69 Cal.Rptr. 321, 325, 442 P.2d377, 381 (Cal. 1968).

One can then get a judgment, and enforce the judgment if by levy, garnishment of wages, lien, etc, if he does not pay.

Often, a letter threatening to sue may be enough to get him back on track. Let me know if you need a sample of such a letter.

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