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  1. #1
    Join Date
    Aug 2005
    Location
    Oregon
    Posts
    2

    Default Car Repossessed by Private Seller

    Last month I bought a vehicle from a co-worker. on 08/11/05 she had the vehicle towed from our work and hidden because I was late on one payment. She stated to me that since I was late our contract is void and she wants the vehicle back and gives me no other options. I explained to her ahead of time that I would be late due to an unforseen family emergency that required my immediate attention. (Father was critically injured)

    When I bought the vehicle, the title of the vehicle was lost so we had to file for a new one. I then found out that the title was not in her name, in fact it was still in the name of the person that she bought it from. So I had to go back to that person and get the bill of sale and lost title form and title transfer form from that owner and transfer the title.

    As of right now, The title is entirely in my name and I am the legal owner of the vehicle according to the Department of Motor Vehicles. There is no lien-holder listed on the vehicle either.

    When I bought the vehicle from the co-worker. We worked out an agreement on paper stating the amount she was selling it for and a payment schedule showing all the dates and amounts to be paid until paid in full. There were no other rules on this agreement stating what would happen if I was late or anything. She and I both signed it.

    My question is: does she have the right to take my vehicle when she is not listed anywhere on the title? Is what we signed considered a contract or a bill of sale? What are my options?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,650

    Default Sale of Vehicle

    If you're the title holder, and she's not a lien holder, the car is yours and it is unlikely that she has any legal right to "repossess" it. You can ask the police if they will help you recover the car.

    You may wish to consult a local lawyer so that you can get a full understanding of your rights and remedies, given the complications involved, particularly if the police describe this as a "civil matter" and decline to assist you.

  3. #3
    Join Date
    Aug 2005
    Location
    Oregon
    Posts
    2

    Default Re: Sale of Vehicle

    Quote Quoting aaron
    If you're the title holder, and she's not a lien holder, the car is yours and it is unlikely that she has any legal right to "repossess" it. You can ask the police if they will help you recover the car.

    You may wish to consult a local lawyer so that you can get a full understanding of your rights and remedies, given the complications involved, particularly if the police describe this as a "civil matter" and decline to assist you.
    Thank you for the advice aaron. I have indeed made an appointment with my attorney to further discuss this matter.

    Furthermore. I have a copy of the payment arrangement that was signed by me and the seller. I scanned it and turned it into an image for you and others to view and give me your opinion as to whether or not this is a valid contract. This is all she has in regards to the sale and again she was never listed on the title.

    I've contacted the police and you are right, they are treating it as a civil matter and refuse to help me recover my vehicle. I still am not understanding how it is civil if she took a vehicle that she has no rights to. It blows my mind.

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