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legaleagle, Lawyer (JD)
Category: Legal
Satisfied Customers: 13441
Experience:  Attorney-Business degree from The University of Texas
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I sold a car to a friend of mine but, I still remain the leinholder.

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I sold a car to a friend of mine but, I still remain the leinholder. She hasn't made the payments and still owes me $1,400. We have a written contract which includes her paying any legal fees, mileage, etc. if she doesn't pay. Well, she hasn't paid in five months and won't return my calls. So, I am going to have to reposess the car but, I don't know how to go about it. What do I need to do??
You can hire a repo company to get the car back, or if you have a key you can go to where the car is and take it as long as you do so peacefully. Then you can file suit for the damages you incurred due to her failure to comply with the terms of your sale agreement.
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Customer: replied 7 years ago.
Who should I hire to file lawsuit> Do I have to go to small claims court or should I hire an attorney. Also do some attorneys do this based on contingency>
If the amount is less than $7500 then you can file in small claims court and in CA you can not hire an attorney to handle a small claims case. If it is more than $7500 then it will be a district court case and you should hire an attorney. Usually this is not a case that is done on contingency.
Customer: replied 7 years ago.
So do I have to file those papers at the court house myself or can a paralegal do it> Also can I charge her all the fees that I have incurred, late fees, mileage, time, etc for all that I am having to do now because she hasn't paid?
If you go with small claims court you have to file yourself and represent yourself. Now you could get a paralegal to help you but it is a form the you fill in the blanks at small claims court. Yes you can list as damages the amount she owed plus your fees, mileage, time and court costs.
Customer: replied 7 years ago.
ok last question I When I take her to court can I request to get her wages garnished because I know she isn't going to pay. And do I pick up the paperwork at the courthouse or is there somewhere else that I can get that paperwork
Yes once you get the judgment you can file a motion to garnish her wages and the court can grant that and issue an order that you can serve on her employer to have her wages garnished. The paperwork will be at the court.