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  1. #1
    Join Date
    Aug 2013
    Posts
    1

    Default 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????

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

  3. #3
    Join Date
    Apr 2009
    Location
    Inland Empire
    Posts
    1,410

    Default 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.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default 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.

  5. #5
    Join Date
    Sep 2012
    Posts
    1,991

    Default 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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