Buyer Not Making Agreed Payments on Car, Can I Report It Stolen, What to Do

[FuriousSeller]

My question involves personal property located in the State of: California
In August 2010 I sold a 98 Lexus to a young lady for $6600 of which $3000 was a down payment and $300x12 months for the remainder(contract signed with all details). She made one payment 9/1/10 and nothing since. The vehicle is still registered in my name & I have the title. She in unwilling to pay or talk at this point. I wanted to report it stolen but all im hearing is CIVIL, CIVIL, CIVIL!!!(UUGGHH) So, I filed a claim in july 11 she is unable to be served. She lives in a different city about 2 1/2 hours away. I just dont have the time or the money to keep traveling to look for her or the car. Why cant it be reported stolen? What else can I do? rightfully this car is still mine..what if theres a crime commited in the car or an accident? What to do..im furious. & to top it all off, I found her FB page and it has pic of my car . Someone help PLEASE!!!

[Disagreeable]

Repo your car and refund her money.

[cdwjava]

My question involves personal property located in the State of: California
In August 2010 I sold a 98 Lexus to a young lady for $6600 of which $3000 was a down payment and $300x12 months for the remainder(contract signed with all details). She made one payment 9/1/10 and nothing since. The vehicle is still registered in my name & I have the title. She in unwilling to pay or talk at this point. I wanted to report it stolen but all im hearing is CIVIL, CIVIL, CIVIL!!!(UUGGHH) So, I filed a claim in july 11 she is unable to be served. She lives in a different city about 2 1/2 hours away. I just dont have the time or the money to keep traveling to look for her or the car. Why cant it be reported stolen? What else can I do? rightfully this car is still mine..what if theres a crime commited in the car or an accident? What to do..im furious. & to top it all off, I found her FB page and it has pic of my car . Someone help PLEASE!!!

It cannot be reported stolen because it was not taken without your permission. You gave her the car in exchange for a contractual remuneration. Since she has not fulfilled her end of the contract, your recourse is in the civil arena.

There are other ways to obtain lawful service such as publication in a paper of general circulation, mail, etc. Look into them. You can also pay companies to do the service for you. It might cost $100 or thereabouts, but you can get her served that way, too.

I assume that you submitted a release of liability to the DMV when she bought the car? If not, look into that NOW or you WILL be liable for any damages done by the new owner.

The only way this becomes a crime is if it can be proven that she entered into the contract under false pretenses KNOWING she would never make any payments or never pay what was owed. However, proving that is going to be nearly impossible.

[Mr. Knowitall]

The vehicle is still registered in my name & I have the title.

Then you haven't sold her the car. It's still legally yours.

Why cant it be reported stolen?

Because it wasn't stolen. You sold the car to her.

what if theres a crime commited in the car or an accident?

You should have thought of that before letting somebody drive away in a car that is titled in your name. By failing to transfer title, you now own a car that is likely uninsured or subject to the revocation of insurance based upon this incomplete sale, and could potentially find yourself sued by an accident victim based upon a theory such as negligent entrustment. You can also get nailed for towing or storage fees if the car is towed or impounded.

If you find the car you can take it as the title owner. You would be wise to notify the police in the jurisdiction, providing them with proof of ownership, in case they get a report of the stolen car. If you repossess, the "buyer" may sue you for part or all of the money she paid you. In the alternative you can sue her for the balance she owes.

I assume that you submitted a release of liability to the DMV when she bought the car? If not, look into that NOW or you WILL be liable for any damages done by the new owner.

That's problematic, given that the title was not transferred.

If she wants to proceed as if she owns the vehicle, the release would seem to prevent that.

[cdwjava]

That's problematic, given that the title was not transferred.

The release of liability can be submitted prior to title transfer.

http://dmv.ca.gov/online/nrl/welcome.htm

I have done this with cars I have sold a few times. Before the paperwork is complete and in, you may want to protect yourself so you complete the release.