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Sold Car to a Family Member Who Won't Make Payments

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  • 08-20-2013, 06:53 AM
    superbummed
    Sold Car to a Family Member Who Won't Make Payments
    My question involves collection proceedings in the State of: illinois

    Need help!! A fellow family member was going through some tough times and needed a vehicle. We had a verbal contract with multiple witnesses. Put $3200 of my own money to make car brand newish. Monthly payments of $200 dollars till $5000 received. Signed over title so they would be forced to get insurance, so I would not be held liable for accidents and so on. He stopped paying after the third month. We have text messages back and forth me asking for the money and he asked to lower payments. And now refuses to pay anymore. How do I get my vehicle back????
  • 08-20-2013, 08:12 AM
    Mr. Knowitall
    Re: Sold Car to a Family Member Who Won't Make Payments
    If you chose to give the buyer title without securing a lien, your remedy is to sue for the remaining balance owed. It's not your car any more.
  • 08-20-2013, 08:44 AM
    Antigone
    Re: Sold Car to a Family Member Who Won't Make Payments
    Quote:

    Quoting superbummed
    View Post
    My question involves collection proceedings in the State of: illinois

    Need help!! A fellow family member was going through some tough times and needed a vehicle. We had a verbal contract with multiple witnesses. Put $3200 of my own money to make car brand newish. Monthly payments of $200 dollars till $5000 received. Signed over title so they would be forced to get insurance, so I would not be held liable for accidents and so on. He stopped paying after the third month. We have text messages back and forth me asking for the money and he asked to lower payments. And now refuses to pay anymore. How do I get my vehicle back????

    Big Big Big mistake signing over the title. No way to take HIS car from him. Your remedy is small claims court if it is available in your state.
  • 08-20-2013, 11:09 AM
    Disagreeable
    Re: Sold Car to a Family Member Who Won't Make Payments
    You should have made a written contact and put a lien on the car. Now you are basically out of luck.
  • 08-20-2013, 07:16 PM
    Lehk
    Re: Sold Car to a Family Member Who Won't Make Payments
    http://illinoisattorneygeneral.gov/c...smlclaims.html

    limit for Illinois small claims limit appears to be 10,000 fees vary by county but look like they are around 200-300 for a ~3000 lawsuit.

    you will need to ensure your witnesses can testify in court, a letter or other written statement from them is hearsay and inadmissable because a letter cannot be questioned by the other party.
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