Can You Take Back a Car if the Buyer Doesn't Pay You

**goliathjz** · 09-19-2011, 07:42 PM

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

Recently, (august 29th,2011) I sold my 1999 mitsubishi eclipse car to a man in the amount of $750.00
it was supposed to be purchased in two payments. this is what the contract reads

"*Payment of $750.00 has been agreed upon by the Recipient as well as the Contributor of this contract. The monies paid by (buyer) are for the purchase of the 1999 mitsubishi eclipse. At time of completion of this contract (by full amount of monies being paid) The Recipient, will no longer be obligated to make anymore payments. This is an "AS IS" sale/ The property purchased cannot be given back or exchanged for money from the original seller (me) Payments are to be paid to the recipient as follows:

$375.00 every two weeks, to a total of $750.00
The FIRST of 2 payments is due on or before Saturday August 29th,2011
The SECOND of 2 payments is due on or before friday September 9th, 2011

signed by all parties.

Called him on the 9th to pick up the money, and he was in dallas. I said okay. He got back on the tenth. I called....he said that his job messed up his check that it would take 5-7 business days for another one. Today, I texted him (the 19th) soon to be the 20th and he didn't reply. Do I have the legal right to repossess the car back? I still have the title in my name until he gave me the other payment. What should I go about doing with this?

**Mr. Knowitall** · 09-21-2011, 05:08 AM

You can make whatever proposal you want to try to rectify the situation. For example, you could propose that he return the car and that you return what he's paid so far, less the reasonable value of use, wear and tear.

You can sue him for the balance due in small claims court.

If you try to take the car back you'll want to document to the police, in advance, that you are still the owner - and I wouldn't be surprised if he sues you.