I sold my car to my friend for 6000 dollars no interest and i said i would take 100 payments a month. for the past 3 months i have only gotten 1 payment. so can i just take the car back ( and lose my friend) or do i need a lawyer or to go to court or something( and still lose my friend)?
2007-07-26 09:02:06 · 13 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
ok there was a written statement between us saying they paid first of every month and after 300 was paid we would transfer it in their name but it is still in my name and i insure it too. i live in ohio i dont have another set of keys, oh did i mention they are living with me and not paying rent too.
2007-07-26 14:16:13 · update #1
i meant 3000
2007-07-26 14:16:43 · update #2
~Legal advice on Yahoo Answers? You are sure to get what you pay for here. There are a few minor details that even a jail house lawyer would need before attempting to give you an answer with even an iota of intelligence, such as:
What proof do you have of the debt?
Did you sign over the title?
What jurisdiction are you in?
In what jurisdiction is your friend and the car?
Did you file a UCC-1?
Is the car subject to an implied warranty in your jurisdiction, and, if so, is it in compliance?
Does your local Small Claims court have subject matter jurisdiction?
Does your local Small Claims court have monetary jurisdiction?
Does your local Small Claims court have personal jurisdiction?
What is the Statute of Frauds in your jurisdiction?
What course of performance can you proove to validate the terms of any oral agreement?
As with anything else in life, the legal profession has its good and its bad, with the majority of lawyers falling somewhere in between. Find a competent one and get a free or cheap consultation before getting yourself arrested for larceny or burglary. You have options, including replevin, but you may need to perfect a judgment first.
As to losing your friend, it occurs to me you've already done that. Why would you want to retain the friendship of someone who has ripped you off for $6k?
edit:
It's still in your name and on your insurance? Are you out of your mind? (well, of course you are, else you wouldn't be looking for legal advice on this site.) Do you have any clue what is going to happen to you (not to mention your rates) when your friend has an accident? By the way, if you haven't given the insurance company the name of the buyer as the principal user, and the friend's address as the place where the car is principally garaged, you are guilty of insurance fraud. Don't be surprised if you turn in a claim and it is denied and your policy is cancelled as a result.
2007-07-26 09:19:22 · answer #1 · answered by Oscar Himpflewitz 7 · 0⤊ 1⤋
This is why these kind of arrangements seldom work. There is nothing compelling your friend to uphold his end of what is probably a verbal agreement? You are the legal owner of the vehicle and you do have the right to repossess the vehicle. It would be easy if you still have a set of the keys. Give him his 1 payment back or keep it and chalk it up to usage fees and find a new friend. With friends like this, you don't need any enemies.
I should add the above applies only if you did not transfer the title to him. If it's still in your name, go for it.
2007-07-26 09:15:46 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Did the title get changed to the friends name? If so, you have a big problem. If not, you could have a bigger problem if they are not insured (which is doubtful since they cannot insure your car) and have a wreck. Either way the friend (and I use that term loosely) is history. If it is still in your name, you can either drive it away or have the police go with you to take possession. A lot depends on if there is a written contract.
2007-07-26 09:21:36 · answer #3 · answered by sensible_man 7 · 0⤊ 0⤋
If your friend is true to form, simply ask for the payments as agreed. If you want to get judicial, simply draw a simple contract (Agreement) and state the amount due in total, sum to be paid, time for which payment is due monthly, by-monthly, what-ever) and condition of warranty or "As is". The two of you are to review and sign/date the document accordingly. For precautionary purposes, have a witness (Neutral party) sign/date the document. This will make all accountable in the agreement and hold everyone involved responsible. Actions performed outside the agreement is a breech of contract and is admissible in court as evidence. If the friend can agree to the stated terms, cool. if not, it might be time to re-evaluate your friend. At present, continue being a "Good friend" and give her a chance to make it right with you. Get the agreement in place so that there isn't any mis-understandings.
Hope this helps.
2007-07-26 09:14:08 · answer #4 · answered by YoHan D. Man 1 · 0⤊ 0⤋
At least it wasn't a family member.
Ask your friend in a nice/calm way about the money.
He/she will probably come up with some kind of excuse. Such as the 'car is messed up' meanwhile he/she is STILL driving it around everyday.
Call/go to the police department and ask what can you do without getting into legal trouble. Hopefully the car is still in your name. Show the proof to the cop and get anything in writing if there is not a cop avaible to come with you to pick up the car. If you go alone to pick up the car and you are 'confronted' in a bad way from your friend. WALK AWAY, file a report, and sue the Hell out of his AS$!
Good luck and please come back and tell us what happens.
2007-07-26 09:30:10 · answer #5 · answered by TCM 3 · 0⤊ 0⤋
Did you add yourself to title as lien holder on DMV record? Or do you still have the title? If you have either of the above you can go get the car. If you allowed her to transfer the car into her name only, then you will have to go to small claims court, for her to return the unit, or judgment for the balance.
2007-07-26 10:45:29 · answer #6 · answered by worldthatwas 3 · 0⤊ 0⤋
Was there a contract involved when you sold it/handed it over? Whose name is on the registration? If it's still yours, just take it back. You can get the cops involved if need be.
Ditch the friend. Sounds like you got taken advantage of anyway. None of my friends would do that to me.
2007-07-26 09:12:45 · answer #7 · answered by katysru19 4 · 0⤊ 0⤋
if you are not a lien holder on the title there is nothing you can do.....not even an attorny can help you...sorry.....ok this changes things drastically..you dont need an attorny...call the go to the dealership that makes the kind of car that you have...give them the vin number and they will make you keys to the ignition and door....and take your car back....there is nothing she can do if its in your name....the cops can not do anything if its in your name
2007-07-26 09:16:41 · answer #8 · answered by Anonymous · 0⤊ 0⤋
The last thing you - or anybody else - need is a lawyer. Small court could be an option but they have a limit (like $2K). No matter how you look at it - the "friend" is gone, and it's not you who lost them.
2007-07-26 09:07:33 · answer #9 · answered by Anonymous · 0⤊ 1⤋
Need more information about what exactly you both signed to tell. But, you should show it to a local lawyer. Most will answer one question without any charge. They should be able to tell you if you can take it back or will need to file a case against them.
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2007-07-27 07:39:46 · answer #10 · answered by Anonymous · 0⤊ 0⤋