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Richard, Attorney
Category: Legal
Satisfied Customers: 55598
Experience:  Attorney with 29 years of experience.
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I made a personal sale of a car for $1;800; a 2002 Acura

Customer Question

I made a personal sale of a car for $1;800; a 2002 Acura
sedan. According to the ?blue ?book the car
Was worth over $3,000. It was agreed that I WOULD BE PAID $100.00/month until paid in full. The buyer stated lhe would do better than that and would pay I full when they got their tax return.
WHEN TAXES CAME INSUDDENLY THEY COULDN't pay because of another sad story that he was charged and fined on about a 10 year old drunk driving issue he thought was taken care of long ago but ther e is a new law allowing the state to make people pay more or again or something. They still have the car they used when sold them the Acura. He is a handicapped stay at home dad. His common law works two jobs in lenawee county and his father who is retired, lives across the street. I don't believe they cannot get along w/out it. (Though they claim they can't).
I made two mistakes...I signed over the title and I stated they paid in full w/an asking price of $300.00. And I did not make out a promissory note
They have made one lum sum payment of $400.00 and refuse to make anymore. WHEN THEY FINALLY WERE CAUGHT AT HOME PHONE I SAID PLEASE START PAYINGME THE $100 per month as agreed and that the$400.00 they paid would be counted as rent. They now owed the full $1800. My husband and his temporary boss as well as my husband are witnesses to the sale....Also both the man and woman have bought upgraded cell phones eve though they were already using far from the basic phone I own.
I sincerely ***** ***** can assist us to reclaim the virtual theft of my car. You can reach us at(###) ###-#### ***** on my husband's email: Thank you in advance for your assistance:
Submitted: 2 years ago.
Category: Legal
Expert:  Richard replied 2 years ago.

Hi there. My name is ***** ***** I look forward to helping you.

Since your buyer is obviously not going to pay you voluntarily, I would file suit against him. You can file this in small claims court without a lawyer. I would include a fraud cause of action in addition to breach of contract because if they pursued a bankruptcy claim, a fraud judgment would not be discharged. Filing the suit will give you the collection options and leverage you need to collect the debt owed you. That's because once the suit is filed and a judgment awarded, you become a judgment creditor, and if he doesn’t then pay the judgment, you can have the sheriff serve a summons on him for a debtor examination. That forces him to meet you in court again and answer questions under oath about his assets. After that information is obtained, you have the power to garnish wages, attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property he owns to satisfy the judgment.

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