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  1. #1
    Join Date
    Jan 2011
    Posts
    1

    Default Private Party Repo Due to Non-Payment in Florida

    My question involves an auto loan or repossession in the State of: FL

    I sold a car to a friend in FL (with a long history of 3 evictions, civil court actions, and a car repo in 2009) to help her out since her car was repo'd new her history and was trying to help her out. The agreement was I would title the car in both our names with "or" being the divider. I had also just payed for a 2-yr registration so we kept that in my name as well to save her money. No legal contract was written, it was only verbal. She agreed to pay $4500 making payment on the 15th of each month. I kept a key and due to her history with the legal system and with late paying when she was my roomie....I told her if she was late 1 time I would come take the car back and she would lose all payments made. Needless to say she has made more late payments than on-time and I have worked with her everytime. I always check with her the week payment is due and she always says yes she would be making the payment. The Monday before Dec 17th, since I new she wouldn't make it on the 15th, I asked her if she would be making the payment and of course she stated yes. I explained to her I needed to know for sure because I am due to deploy in 14 days and began setting all my bills up on auto draft from my checking account and told her if she didn't make the payment or tell me in enough time to make the drafts stop, I would bounce checks. She assured me she would. Needless to say the 17th came and went with no payment. The effect of that was $250 in NSF fees and fees on the accounts for late payments. I am also and officer in the AF, so this doesn't look well for my career. Of course I got upset, but agreed to accept the payment with the fee's on the 1st, her next payday. Well, the first came and went and she couldn't pay me because she had to pay rent or her roomie would kick her out. Fed up I contacted legal on base and the law in FL...I was told because my name was on the title I could pick up the car. In the meantime, I found a buyer in FL for the car. On Jan 7th, we went and got the title retitled in my name and the new buyer. He also purchased a tag. So legally the car is no longer her car. I new the problem would come with getting the car. We went to the house and the car was parked in the garage and her roommate and roommates fiancee had parked there cars to block the car involved. She met me in the yard and said she was calling the cops to have me arrested and I wasn't taking the car....Cops came, said they couldn't get involved because it is a civil matter. Called me bad names for handling it this way. I then explained her history and his tune changed. Needless to say we left without the car. The new owner has tow trucks going by everyday trying to get the car. The girl contacted my military command and is trying to really get my career affected. Her sister is emailing me saying I commited fraud and saying "is this worth your career" (which I take as a threat). Here are my questions:

    1. Was I within my legal rights to do what I did?
    2. Can I do anything about them harassing me though my work (command) and putting my job on the line?
    3. Do you think, based on her history, if she takes me to court, I will have to pay her back anything she has paid? (banks don't have to pay back when they do a repo)

    ****any other comments are appreciated. I know I am not wrong and have bent over backwards to help this girl out for years and finally got tired of her lies.

    Thanks in advance!

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,883

    Default Re: Private Party Repo Due to Non-Payment in Florida

    It's very helpful to present your facts in paragraphs rather than in an unbroken block of text.

    If you were on the title as an owner, you would have the right to possession of the car. I won't comment on the manner in which you sold the car to somebody else, but if the title said "or" you would normally be able to do that without the consent of the co-owner.

    Can you stop her from calling your superior officer to report what happened? No. You have no basis for any type of injunction and presumably she knows how to use a telephone, ergo....

    I don't know how much she paid toward the car, its value, or how much you sold it for. It's possible that you might owe her money if she sues you.

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