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the_mekanic

the_mekanic

Brain (2,174)

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Submitted 193 days ago...

Oreide641

Oreide641

New User (2)

Can I repossess a car I sold?

My daughter sold her Lexus truck on February 27,2009 to a person who she thought was a friend. They live in Suffolk County, NY. The selling price was $7000.00. Weekly payments of $500.00 were to begin the next week. To date she has received $1500.00 on April 1, 2009 and $800.00 on April 14,2009. The buyer refuses to answer numerous phone calls and has completely ignored my daughter's requests for payment. Can she reposses the truck by herself without any police or court authorization? Thank you.

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Answer 1 / 3 - Submitted 193 days ago...

the_mekanic

the_mekanic

Brain (2,174)

Unless you have a signed contract or bill of sale stating the terms of the contract, you may be in a bind.

How did the bill of sale to the DMV read, and did you have a separate contract drawn up?

This would be a civil court matter as far as I can see.

I live on the island myself.


This answer was edited by the_mekanic 193 days ago.

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Answer 2 / 3 - Submitted 193 days ago...

Oreide641

Oreide641

New User (2)

There is a contract signed by the seller and buyer stating the purchase amount of $7000.00 and the weekly payments. In addition, the buyer signed a statement on her compamy letterhead indicating the April 1 payment and another statement indicating the payment on April 14. Both statements attest to the fact that there is additional money owed and a promise to meet weekly and make payments. I'm not sure how the bill of sale to DMV read.

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Answer 3 / 3 - Submitted 193 days ago...

the_mekanic

the_mekanic

Brain (2,174)

If it is on a company letterhead, and signed by the payor, you have every right to pursue legal action in their regard.

However, you cannot repossess the vehicle without a warrant from the court. This will have to be taken up as a civil matter, and the presiding judge will have to dispense with the monies owed, or refundable if any.

I recommend consulting the local court justice. Most of the time they can be engaging, and willing to advise you toward a course of action. Or contact a local Court Clerk, and I'm sure she/he could point you in the right direction as well, if not "pencil you in" to have a brief chat with a justice.

After all, if you voted for them, or even if you didn't, you are still a constituent.

 

This Question was awarded 188 days ago therefore you can no longer post an Answer. However you may post a comment below.

 
 
 
 

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