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Asked 10/28/2011

I sold my husbands truck to a friend of ours i want to know if i can repo it for lack of payment.

I sold my husbands truck to a friend of ours i have power of attorney over my husband since he is "away". I sold i to our friend with the agreement that he pays $300 a month for the next 10 months which would equal to $3000, he was to pay me on the 15th his second payment, he did not, he got paid again today 28th and he is giving me the same story about not getting back in time to get to the bank to cash the check, which he according to him doesn't have on him right now the company he works for didn't give it to him. now i want to know if i can repo my truck for lack of payment, i am tired of playing with him, he doesn't have the title i do.

 
 
 
 
Answers

Answer 1/5 - Submitted 10/28/2011

You can probably take him to court if you can prove the agreement (ie. written agreement). If he has already transferred the vehicle to his name, you might not want to go re-po it (even if its in a written agreement that you can) because you could get charged with theft if he reports it stolen. I would suggest giving him the option to pay or return the vehicle and if he refuses both then head to small claims. I wish you the best and am sorry you are having this difficulty. Its a bad situation in which you have to live and learn unfortunately. I lost money and a vehicle in a similar situation with a family member despite a written contract. :(

 
 

Answer 2/5 - Submitted 10/28/2011

It's legal for you to repossess the truck because it still belongs to you as titleholder, and also because "self help" is an acceptable method to use in this case, at least until you stop getting the run-around about the money that's been overdue.

You can tell him the truck will be given back as soon as he's caught up on his payments, plus signs a witnessed and notarized promissory note for the remaining payments.

You should be careful about this because if you have title, he's driving the truck around, and you are insuring the truck, any parking tickets, or accidents, would make you liable. If he's so unreliable, it might be best just to give him back his money, and sell the truck to someone else who can pay cash, take title, and insure the truck themselves immediately.

 
 

Answer 3/5 - Submitted 10/28/2011

I don`t know what a title is. Here in Canada I guess it would be ownership and once someone buys your vehicle, they transfer it to their name which gives them ownership. That`s why I said if they already transferred it (or took the title in the US, I would presume), they could report it as theft.

 
 

Answer 4/5 - Submitted 11/1/2011

It is the same thing that a lawyer told me to do, thanks Marty. he is giving the truck back, today but he wants me to pay him $750 back when only he gave me $320, he says he bought a power steering pump for the truck but the power steering pump was fine before i gave the truck to him. thanks again marty.

 
 

Answer 5/5 - Submitted 11/1/2011

Since he made you wait so much and put you to all this trouble, the least he could do would be to wait and see how much you can get for the truck, and then you could share the excess a little bit with him to compensate him for the new pump, if he can show you a good receipt to prove what he paid, and if you can show that to a new buyer and get a little extra from the new buyer based on that.

 
 
 
 
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