Can You Repossess a Car You Sell Yourself

[shad0w117]

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

Well Three months ago I Sold my Car for a total of 1900$ and well I've gotten 1700 back and it was a verbal agreement that the woman will pay in two weeks, well I've kept the title, and haven't signed it over and after she gave the full amount i will sign over the title, but its been three months and i havent gotten a payment, ive contacted her but she told me she has no job, then i told her id give her till the 20th of June, and if there is no money, i will take the car, Can i do this? Or should i get the police involved or call a Tow truck to reposess the car or what?

[jk]

It's still your car so hand her the $1700 and take the car back. You don't get the car and the money but you deserve one or the other.

[shad0w117]

because i had a cop friend who says i could just keep the money and take the car since it has been her own fault and i dont need to willingly give her the money back.

[jk]

because i had a cop friend who says i could just keep the money and take the car since it has been her own fault and i dont need to willingly give her the money back.

well, there is a reason that guy doesn't earn what an attorney does and that statement is a perfect display of why.

and the "don't need to willingly..."? What the Hell is that? Either she is owed the money or she isn't.. Suggesting you don't have to give it back unless compelled to give it back is the voice of somebody that has no problem cheating a person out of their money. If he is actually a cop he should resign immediately. His moral standards are nowhere near high enough to be a man in blue.

at this point, the woman has a better argument of owning the car than you do. You have the presumptive evidence of the title but she has proof of paying 89% of the agreed amount which gives her a greater to claim of equitable (fairly deserved) title than you.


Especially since you do not have a written contract to back up your claims, what I believe would likely happen in court:

The court would see she paid 89% of the amount due

there was some agreement she would pay the rest off but nothing written so neither party will be believed 100% due to their positions in the court.

the court will order her to pay you the $200 and you relinquish the title or you refund the $1700 and you get the car.


A court will attempt to render an equitable decision and you keeping the money and the car is not equitable nor reasonable.

[shad0w117]

well, there is a reason that guy doesn't earn what an attorney does and that statement is a perfect display of why.

and the "don't need to willingly..."? What the Hell is that? Either she is owed the money or she isn't.. Suggesting you don't have to give it back unless compelled to give it back is the voice of somebody that has no problem cheating a person out of their money. If he is actually a cop he should resign immediately. His moral standards are nowhere near high enough to be a man in blue.

at this point, the woman has a better argument of owning the car than you do. You have the presumptive evidence of the title but she has proof of paying 89% of the agreed amount which gives her a greater to claim of equitable (fairly deserved) title than you.


Especially since you do not have a written contract to back up your claims, what I believe would likely happen in court:

The court would see she paid 89% of the amount due

there was some agreement she would pay the rest off but nothing written so neither party will be believed 100% due to their positions in the court.

the court will order her to pay you the $200 and you relinquish the title or you refund the $1700 and you get the car.


A court will attempt to render an equitable decision and you keeping the money and the car is not equitable nor reasonable.

I agree but in my defense i cannot judge, but i called the lady and she does not answer my calls or texts, and well it was my mistake not to get a address, well since only have a name to go by and a very general area of where she lives i cannot force her to answer her calls, so im asking what should i do? report the car stolen and attempt to contact her that way? or what?

[jk]

I agree but in my defense i cannot judge, but i called the lady and she does not answer my calls or texts, and well it was my mistake not to get a address, well since only have a name to go by and a very general area of where she lives i cannot force her to answer her calls, so im asking what should i do? report the car stolen and attempt to contact her that way? or what?

NO. The car is not stolen and reporting it as such could result in her being involved in a felony stop (multiple police vehicles, guns drawn, occupants of car ordered to get out of the car and lay on the ground face down). That isn't something you want to cause, especially since it is not stolen and you could cause yuorself some serious legal grief for causing that to happen.



You keep chasing. You have a name and hopefully something else (personally, although I would not do what you did, I would get a lot of personal info such as driver's license number, date of birth, current address (and the addy on the license if different), place of occupation, 12 references and maybe even requiring her to leave her child as collateral (just kidding on that last one)). Use that to track her down. Once you find her, make a demand or surprise her with a court summons (that's what I would do).