Can I repossess my car for non-payment?

Question

I sold my car and the person has not paid me the entire amount. It is still in my name. They already broke the law in it by running a red light and got caught on cam. I got the bill in the mail! I have a signed bill of sale. Can I repossess it? Should I call the police about this or just use my extra keys and go pick it up? I can't afford to hire a tow truck.

Answer 1

You will need to take your situation to small claims court.  Don't try to repossess on your own as the buyer could call the police on you or worse take matters into their own hands and get violent.  

You want to sue for the remainder owed on the car and any fines you have had to pay (or are outstanding).  The court can order that you be paid and/or the car be returned to you.

You can also contact the DMV and let them know that the car was sold and give them the information on the buyer.  They will need a copy of the Bill of Sale.  In our state once the car is sold the plates are no longer valid and have to be replaced.

Answer 2

If the car is still in your name, then it is legally your car.  Its not technically a reposession, since you never transferred ownership.

If you have another set of keys, you can go get the car and bring it to  your house.  You need to go to the police station in your area first.  Take the bill of sale and any supporting documentation you have to show that this is your car.  You can even request a police escort if you feel there will be problems.  

Take the car back, but make sure you get the keys back as well or it could come up missing again.

EDITED - you may be in for a long haul.  As a legal document, if the bill of sale only specifies price, it is implied that the payment has been made.  The court can interpret that as a completed transaction.  Do you have any proof that he has made payments? Receipts when you receive payment?  Any notes?

If you can contact him via email, you send a letter saying "Look Jim, you still owe me $X for that car.  When am I going to get paid."  If he responds to that email at all, then he is acknowledging the debt.  People will typically respond with "I will pay you next week" or something like that.  What he says is not as important as the fact that he somehow acknowledges the debt.

Answer 3

If you just go seize the vehicle, you could be charged with theft. Whether you know it or not, there is a contract between your husband and the person in possession of the vehicle. It may or may not be on paper, but a contractual agreement exists. The fact that there is a contract makes this a civil matter, and the police will refuse or be very reluctant to get involved. You need to consult an attorney and find out what due process must be performed to get your car back legally.

This is why the average person should never enter into a deal like this. You just don't know what you're getting into.

Answer 4

If you have a claim against the car, which it is obvious that you do, then your approach should be one of hoping to resolve the claim. I think if it is obvious that the person is not going to pay up, you should reclaim the property. If you are brave you can just go get in the car with the spare keys; but be aware that if this person catches you in the act and shoots you (or attacks you in any way) he or she may be justified legally. "Possession is nine tenths of the law," so they also have a legal claim to the property, plus they have the signed bill of sale. No; your only recourse is to put a lien on the property. Go to the local courthouse in your county and obtain the lien forms. Describe the problem to them and they will guide you to the correct course of action. Once you have a lien in place, your next step is to get repossession enforced. To do this you must go to the Sheriff's office of the county which the CAR is in - not your county (unless they are both the same) - and give them an order to search and seize the property. They have to obey; it's their job. Do not go to the police! Their job is to enforce public policy including statutes, not domestic issues.

As to the false ticket, there should be a number on the ticket for problem resolution or disputes or something like that. Call them and let them know who you sold the car to. If you have any contact information for the person you sold it to, give them that too. Phone numbers, addresses, etc. will allow the cops to get the ticket to the right person. You can't be held responsible for someone else's misconduct. You should have removed your tag when you sold the car, but now that it's done it's too late. You may have a penalty or fee for not doing so at your state's DMV, but you may also be able to get out of it by letting them know you sold the car and forgot (or didn't know) to remove the tags.

Good luck! I hope you get the deadbeat slackers! Don't you just hate that behavior?

Answer 5

UMMMMM, yes

But here you have it,   ETHICS

NEVER ever give, rent, or sell to a FRIEND or family member!! ITs a sure fire way to make them into an enemy. Sad lesson in life!

Answer 6

I hope you have more paperwork than just a bill of sale.  If there's going to be any kind of a payment structure you should write out a contract that stipulates the payment rate and amount, and generate a receipt for each payment.

Lacking that, I still think you're in the clear to repossess the car.  You may want to contact an attorney to double-check.

As for picking it up, it's dangerous to go after the thing yourself.  Take some burly friends with you, and COPIES - never originals - of the paperwork.  Take copies of whatever the attorney advises, assuming it's on your side.  Finally, contact the police department and see what they advise, whether you should have a police escort for security's sake.

One last thing: it's expensive, but you can consider hiring a recovery agency to get the car.

Answer 7

You can. It's always a good idea to bring an officer but you can go and pick up the car if you have the keys and it's in your name. They have breached the contract by not paying. I would suggest you go to civil court for the fines. There are probably more you don't know about.

Answer 8

firstly you need to contact the people that bought it and ask when they are going to make payment either by phone call or letter, give them like 14 days to make a payment on it, u need to also go and get yourself a lawyer, and threaten legal action if they dont intend to make a payment, you cant just take the car unfortunately you need to have a court rule that the car be put pack in ur possession, why did the speeding ticket come to you, the car should have been registered in their name when they bought it.

i wouldnt have sold the car in the first place if they couldnt give me all of the money when they bought it.

Answer 9

whos name on title? bill os sale means nothing if they retitled it,,,hope u have a written aggreement...call cops for advice,,,if u can't afford tow truck i guess u cant afford legal help

Answer 10

when you sold the car, you should have transferred the ownership to the buyer. you will be responsible for the ticket and possibly any accidents that the buyer gets into.

go get your car and put it in storage until you get your money and transfer the ownership

Answer 11

I would definately call the police on this one. when you sold the car you should have taken the plates too. you may want to talk to a lawyer on the repossession of the car, im not sure if you can do that.