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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 29037
Experience:  30 years experience representing clients.
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I sold a car to a young girl my son was dating back in September

Customer Question

I sold a car to a young girl my son was dating back in September and had a "verbal agreement" that she would make payments of $150 a month until the loan for a 2010 chevy cobalt of 1711.38 was paid in full. She made payments not always the full amount, I was very nice to her and tried to work with her and then she decided she couldn't afford that kind of payment, my son and her were living together and he broke his hand and was unable to work so she would not make regular payments and not in the full amount of the verbal agreement. She made no payment from 2/16/16 to 4/6/18, I gave her notice through text and facebook message that if payments were not made current that I would be repossessing the car. In Jan 2016 the car tags expired and she needed to get the car registered in her name, I gave her the title with signed signature and a written "bill of sale" that I signed and gave it to her, she obviously signed it at the court house as they issued her a title with me as a signed lean holder. I went to get the car last night and had to call the cops as there was a disturbance in getting the car with her and her drunk dad and now they are telling me I need a signed security agreement that we both signed to obtain a new title and legally repossess this car (this is what court house is telling me) and I'm thinking that she has the signed copy as she has already been to court house to check on things. How do I get the signed copy from her to be able to reposses this car legally? Her and my son have since broken up and she doesn't think she needs to pay me anymore money (whole other story)
Submitted: 7 months ago.
Category: Legal
Expert:  Loren replied 7 months ago.
Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.
Expert:  Loren replied 7 months ago.
How much is owed?
Customer: replied 7 months ago.
she owes me a remainder of R811.38
Customer: replied 7 months ago.
She owes me a remainder of $811.38
Expert:  Loren replied 7 months ago.
Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Customer: replied 7 months ago.
I will wait for your reply, I am at work so will have to check back in a little while
Expert:  Loren replied 7 months ago.
Without a written agreement, you simply have no legal right to repossess the vehicle and, since you gave it to her voluntarily, she has not stolen it.What you need to do now is sue her for the remainder of the amount she owes you. A verbal agreement is enforceable, it is just harder to prove, but you can sue her in small claims court. Small claims court is designed to be "user friendly" so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.
Expert:  Loren replied 7 months ago.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
Expert:  Loren replied 7 months ago.
Are you still online with me?
Expert:  Loren replied 7 months ago.
If you have no further questions, and have not yet done so, please remember to leave a favorable rating (Excellent or Good) so that I am credited by JustAnswer for assisting you. A bonus is not required, but is always appreciated.

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