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I have already received my car title (no lienholder is listed), but the dealer is threatening repo saying I haven't paid, Even by his own contract, it says he holds the title til paid in full. I threw all the reciepts out afterthe title came, so I only have the title as proof...Can he do this?

2006-09-23 13:43:53 · 17 answers · asked by Marinna 1 in Cars & Transportation Buying & Selling

Unfornately I always pay this guy cash, because he has been a friend for six years and I've bought other cars from him before...I have no clue why he doing this now. I paid the car off in full....then found out he listed the car in the local paper two thousand less then what he sold it to me for, so I'm getting ripped off completely by this guy that is supposed to be my "friend" On top of that, I found out the car had been "rigged" and I had to pay over four hundred dollars to fix the car. It was a bad deal all the way around

2006-09-23 13:53:40 · update #1

17 answers

Let him take it and I will tell you why.

If it says in your contract that you will not get the title until the unit is paid for in full, and you now hold the title, that would become a "wrongful take."
Look at your title and be 100% sure that it is the original, not a copy of a duplicate or a duplicate.

If you are positive that you are holding the original, and you name is on the front of it, and there is no writing on the back, trust me you want him to come and take it.

Also, make sure you keep the advertisement that will prove he had premeditation into stealing your unit.

As soon as your unit comes up missing you need to call the police and have him arrested for Grand Auto Theft, even better if he crosses a county line, or a city limit to get to it.

You should always get a receipt, no matter what or no matter who you are dealing with. Cash goes out in the left hand and the receipt comes in with the right. Whose to say the receipts were not in the dash of the car when he took it? They could have been and he could have tossed them right?

Now the reason why you want this bum to take it.

If it is in fact paid off and the title is in your name and he repossesses this unit, you can tap his surety bond for the wrongful take. In order for ANY company to repo a unit they have to have a surety bond on file. When this bum takes your unit call the police and make sure that he has called it in as a repo. If not that is just another nail in his coffin. On any repo the person taking the unit has 2 hour by law to call the police department governing that area and turn it in as such, other wise, you got it, Auto Theft.

Next call the police back and turn the unit in stolen, they will tell you "No it has been repossessed" and you tell them NO it has been stolen, I have the title. Demand that a office come out and make the report, show him the advertisement. Also demand that he escort you over to get your unit back. Now that you have done all of that TAP HIS SURETY BOND for the wrongful take, you can get up to but not beyond 50,000.00 cash on this bond.

When you get that money you can sell this car and go get a better one. Buy here pay here lots are NEVER a place to do business. They are in the business to buy a unit and resell it up to 5 times, or until it falls apart, which ever one comes first.

2006-09-24 09:07:53 · answer #1 · answered by Anonymous · 0 0

Did you finance the car with the dealer? You can bet that he has copies of ALL the papers you signed with you bought it.

IS THE CAR FINANCED?????? If so, the title should have had the lien holder's name on it. IF you financed the car, even tho the lien holder's name isn't on it....I would bet that "somebody" can come repocess it if you don't pay.

NOW....IF you paid cash for the car, you best be taking some checks or copies of however you paid for it down to the dealer and prove to them that you paid for it. I have an idea that you aren't being totally honest with your question and are trying to screw the dealer out of money because they aren't shown on the title as lien holder's. IF you financed the car through them and their name isn't one the title as lien holder, someone made a mistake, either at the dealer or the finance company. Don't try to take advantage of a mistake for your own gain. In the end, you will pay dearly......believe me. Be fair, play it straight and you will be much better off and guilt free in the end. IF you own the dealer money, he WILL get it or the car. Good luck. Pops

2006-09-23 13:52:56 · answer #2 · answered by Pops 6 · 0 0

You could take him to small claims court before he gets you. It costs so little to file a claim with the local courts in your area.
If the title is in your name with no lean holder listed that is his F-up. Although I have seen one instance where there was a lien holder but it was not listed on the title and when my dealership went to flip the title it showed up so it is not impossible just very unlikely. Even if you threw all the receipts away HE should have copies for his business records.
If you are afraid please seek legal advice from a lawyer. You can get a consultation for about $75 and he can tell you legally what your rights are.
If you an not afford this then call your state motor vehicle commission (anonymously) and ask their advice.

2006-09-26 06:54:58 · answer #3 · answered by crystlizm 4 · 0 0

If the dealers contract says that you will get the title when paid in full and you truly got the title for the car and it has no lien holder listed than no he can not repo the car.

2006-09-23 13:53:27 · answer #4 · answered by missu 2 · 0 0

Title is ownership, I haven't seen the contract. Drive someones Else's car over to the A** H**e's and show him title is in your name and give him the old middle finger salute. Other than late payments and other fees you are free and clear. You need to review the original paperwork. Rule of thumb Keep all paperwork for 4 to 7 years just to be sure but heads don't come after you.

2006-09-23 13:56:16 · answer #5 · answered by John Paul 7 · 0 0

I agree with cowboy bill. But yes he can, and if you have no copy of the contract, or a check stub you could be up a creek. If you write "Paid in full" in the memo on checks for stuff like that, this will give you some safety since the check must be endorsed. Talk to a lawyer.

2006-09-23 13:59:24 · answer #6 · answered by Michael 2 · 0 0

IF no lienholder is listed on a valid title, it's yours. Threaten a lawyer, that may be enough for him to back off. I would alert the police that there is a dispute, if everything you are saying is correct.

Might be wise to hide it for a few days until you clear this up, just to avoid an unpleasant surprise. It's better to hide it than to get it back.

2006-09-23 15:31:34 · answer #7 · answered by mickeyg1958 4 · 0 0

not legally ,,he cant,,but you really should have kept all the paid receipts on it until everything was over with,,never throw away any piece of paper that has to do with a money deal,,always wait at least 6 months or a year before getting rid of anything,,try and get some proof of payment,,basically he probably cant do nothing about it,but you know he,s going to try to,but since they sent you a clear title to it,,i wouldn't worry about it..if he takes it he,ll have to show proof that you still owe money on it,,he probably cant do that,so don't worry if he takes it have him arrested for auto theft,,good luck,,i hope this help,s.i own a repair shop,,and try to stay up to date on all the current laws on these matters.

2006-09-23 13:58:01 · answer #8 · answered by dodge man 7 · 0 0

If the title you have lists you as the Registered owner. He won't have a leg to stand on.

He had to have signed off on that slip in order to get the state to transfer it to you.

I really don't see how something like that could happen. He might sue you, but if the slip is in your name, I don't think he would win.

2006-09-23 13:54:48 · answer #9 · answered by Anonymous · 0 0

Sounds like you need a lawyer, but if you still owe money on the car I believe I'd pay up. You better believe if you owe enough on the car he'll come after it and one way or another it's going to wind up coasting you plenty.

2006-09-23 13:50:31 · answer #10 · answered by stephenl1950 6 · 0 0

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