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I sold a car to one of my empolyees and when i did he didnt

keep up with his payments...
I sold a car to one of my empolyees and when i did he didnt keep up with his payments and he came in the office when i wasnt there and quit and call me on my cell that he would bring me the money for the car can i go pick up the car or what should i do to get the car?
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Answered in 16 minutes by:
9/1/2012
Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 38,659
Experience: Attorney,17 years experience in consumer protection areas
Verified
Hello,
.
Is the title still in your name or was it transferred?
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Is there a written purchase contract for the car or was it verbal?
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If the title was transferred, are you listed as a lienholder on the title?
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.

.

Thanks.

Barrister

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Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Ask Your Own Consumer Protection Law Question
Customer reply replied 5 years ago

yes im the lien holder. And there is a written contract

Ok, if you are listed as the lienholder on the title, then if the buyer defaults, you could legally repossess the vehicle, sell it, and then sue the buyer for any deficiency.
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According to the NC Dept of Justice:
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You're delinquent with the payments on your automobile loan and your creditor is threatening to repossess your car.

Here is what you need to know:
• Contact your creditor when you realize that you will be late with a payment. Many creditors will work with you to set up a payment plan.

If you miss a payment or you default on your contract in any way, such as letting your insurance coverage lapse, your creditor has the right to repossess your vehicle. Your creditor is not required to give you any advance notice of the repossession. The creditor or its repossession agent is allowed on your property to seize the vehicle as long as there is not a "breach of the peace."

• If you think your vehicle is in danger of being repossessed, it is best that you remove all of your personal items from the vehicle as soon as possible. After the vehicle has been repossessed, it can be difficult to retrieve your personal effects even though the creditor has no legal right to retain them.

Once your vehicle has been repossessed, your creditor has the right to ask you to pay the delinquent amount in addition to the expenses of repossession. The creditor may also demand that you pay off the balance of the loan in full.

If you are not able to pay these costs to retrieve your vehicle, the creditor has the right to dispose of the vehicle through a public or private sale. You should be notified of the time and place of the sale.

After the vehicle has been sold, you will be notified by the creditor about whether you still owe money for the "deficiency balance." The deficiency balance is the amount owed after the proceeds from the sale of the vehicle have been applied to your total loan balance.
.

.

.

Thanks.

Barrister

.

Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 38,659
Experience: Attorney,17 years experience in consumer protection areas
Verified
Barrister and 87 other Consumer Protection Law Specialists are ready to help you
Ask your own question now
Customer reply replied 5 years ago


Dear sir,


 


The empolee has decided to keep the car and not return it. This


person is a felon and i didnt know it . He never intended to pay me for the car? what should i do next?

This would still fall under a breach of contract claim and you could still repossess it, sell it and sue him for the difference.

The fact that he is a felon isn't relevant to this. It is a civil matter and if you filed a criminal complaint, the DA would tell you that it is a civil matter because you sold something, it wasn't stolen, and the buyer has failed to pay you for it..
.

.

.

Thanks.

Barrister

.

Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Ask Your Own Consumer Protection Law Question
Customer reply replied 5 years ago


he took it out of state to colorado , Now what do i do?

Well, that makes it a lot tougher to repossess, but you could likely contact a towing/repossession company if you can find it and have them assist with the repo.
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The problem will be suing him and forcing him to pay if he is out of state and has no money you can recover. So your best recourse would be to focus on getting the car back. But it isn't going to be easy if you can't find him.
.

.

.

Thanks.

Barrister

.

Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Ask Your Own Consumer Protection Law Question
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 38,659
38,659 Satisfied Customers
Experience: Attorney,17 years experience in consumer protection areas

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