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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116724
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I made a truck rental/ purchase agreement for my 1984 Dodge

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I made a truck rental/ purchase agreement for my 1984 Dodge p u truck for a total of $985.00. to be paid by seven monthly payments, with the stipulation of the return of the truck within one week of my request due to lack of payment. The renter is 3 months behind in payments. The truck title is in my name. The tag expired on 7/31/13. The renter has hide the truck. The police have told me that it is a civil matter. How can I void my personal liability for the truck? How can I induce the police to assist me in the repossession of the truck when I locate it.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am afraid in AL, the police will not assist you in repossession. The most the police will do is stand by if you believe there will be a potential for physical violence or harm to you while you are repossessing the vehicle. You need to find the vehicle and when you do you need to have a tow truck or keys to take the vehicle back together with proof you have ownership of the vehicle.

Your other way to avoid liability is you need to file suit against the person for breach of contract and sue them to get the truck or the money. Unfortunately, as long as your name is XXXXX XXXXX title and you have not sold the truck yet, you will have to sue the person for the truck or payment if you cannot locate the truck.

You could also hire a local repossession company who will seek to locate the vehicle to repossess the vehicle for a fee.

These are your options in this type of situation.

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Customer: replied 3 years ago.

I have lost a vehicle in the past because the officer filed a use without permission instead of a theft report. The vehicle was stopped in California by police but could not impound the vehicle. Should I obtain a judgment in small claims in my favor, will that give the police the authority to impound the truck in a traffic stop? How can I get the state to place a notation on the registration of the truck to cause it to be impounded or at least notify me when a traffic stop occurs. He will be driving a vehicle without a current tag or insurance.

Thank you for your response.

The police would not get involved in enforcing a civil judgment I am afraid. Also, small claims court can only award money judgments and cannot order return of property, that has to be filed in the regular civil court.

If he is driving the vehicle without tag or insurance, you need to file your suit, which is proof to the state you no longer have the vehcile so they do not try to suspend your license for not having insurance. They will not put a notation on the vehicle, you need to sue and get a court judgment against him. If you get a money judgment against them the court can order the title placed in his name and then you would take the judgment and title and file it with DMV to change the title to his name and it would no longer be your problem.
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