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Can I Repo a Car That We Sold when the Contract Has Been Breached

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  • 09-15-2011, 03:31 PM
    veronicaeden
    Can I Repo a Car That We Sold when the Contract Has Been Breached
    My question involves collection proceedings in the State of: Louisiana

    My husband and I sold our car to some friends (yes, very bad idea I realize this now) in January. We made up a contract with the notary discussing payments and dates. The notary however, neglected to tell us anything about putting a lien on the title, and instead said we should sign the title over because we have the contract. (I only found out otherwise after going back to ask them their opinion of the situation that was not true.)

    They have made only 1 payment since January (when the car was sold). They still owe nearly $700 and refuse to send payment. They keep saying they don't have any money to give, not even $30 to put towards it.

    Do we have any right, or is there any way that we can get the car repossessed? Otherwise, will it resort to going to court because isn't all they can is order them to pay the remaining balance? There is no way for them to check up on it, we may still end up screwed.

    Very confused and frustrated, thank you in advance for responses!
  • 09-15-2011, 05:09 PM
    flyingron
    Re: Can I Repo a Car That We Sold when the Contract Has Been Breached
    First off, even those with liens can't just go and take the car in many jurisdictions (I have no idea if LA is one of them and I'm not going to look it up because it doesn't matter in this case), you still have to go to court. In your case, you don't have a security interest in the vehicle it would seem. Taking it would be grand theft auto. You don't get to commit felonies because someone owes you money. Notaries aren't lawyers and can't give legal advice. All they attest to is that the presumed identity of those signatures they are witnessing.
  • 09-15-2011, 05:20 PM
    KeyWestDan
    Re: Can I Repo a Car That We Sold when the Contract Has Been Breached
    Flyingron is exactly right.

    First, you would need a legal lien on the car which has to be on the title. You don't.

    A Notary can't give legal advice and states have laws against providing legal advice without a license.

    Your ONLY choice is to sue in small claims court. And all you can sue for is money damages. No small claims court can order anyone to do anything. It can only award money damages.

    You would then have to execute on the judgment which can be done in a number of ways.

    The state probably has exemptions to execution. Here in FL a motor vehicle is exempt up to $1,000, so you probably can't even get the car back in collection proceedings.
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