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  1. #1
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    Nov 2019
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    3

    Default Private Seller, Private Buyer, Buyer in Default, Buyer in Jail, Car Stolen

    My question involves a consumer law issue in the State of: Tennessee
    I made a deal to sell a car to a local buyer on a payment plan at the beginning of sept of this year, I have an unnotarized but witnessed(by the buyers boyfriend) contract of sale and an oral recorded agreement(dictation of the contract of sale with oral agreement by stating both mine and the buyers full legal name as well as the buyer saying they agree with the terms and a change to the original contract of sale as there was a missunderstanding of the dates the buyer was supposed to pay me, changed from the 1st and 2nd week of the month to the 1st and 3rd week of the month) as part of the terms I hold the title until paid in full so the car is legally in my name and registered to me, I also have a copy of her DL per the contract and a phone number that got stolen(the phone) with the conversions saved on my phone, a phone number that got cut off(presumably due to non payment) with saved conversions and an email and even when no contact was received I gave all known legal warnings and known legal timeframes(I say known because its to the best of my knowledge)
    I sold the car for 1500 usd in bi-weekly payments of 150 usd with the 31st(end) of the month being when the contract ends in default if that money is not paid in full(300 usd or every two weeks of 150usd) and I have a provision for repossession and well as a provision for any money paid to be kept by me as well as a provision of any legal fees or any fees incurred as part of the repossession to be paid by the buyer
    The 1st payment was made when the buyer picked up the car but I have not received any payment after that after the 1st missed payment I tried to work with the buyer and was in contact for a few then I heard nothing when per the contract was the final deadline when I can repossess the car I tried to contact again the seller claimed they were going out of state for a funeral, this is the day of the final deadline and said they would pay me when they got back they had already left so I could not collect payment prior to them leaving and was forced to agree but stated that was all the leway they got after that I heard nothing else from them after the time they were supposed to be back came I tried contact again and after hours of nothing I threated the police and was forced to go to the police I did not realize I could not report the car stolen and was suggested I wait 30 days and sue, and have had zero contact since them telling me they were going out of town, yesterday was the end of the 30 days(Nov 1st) and three missed payments for a total of 450 usd so I went to the court house to file and found out its over 200 usd which is money I dont have and even though per the contract the buyer was supposed to pay legal fees they are poor and dont have the money so I would get what I need as my contract is clear and very through its unlikly the buyer would pay and I didnt have the money upfrount to begain with so I went to talk to the sheiffs office in an attempt to find out my other options and they told me I could sue or repo as the car as it is in my name I could just go get the car so I decieded to think about it and as a last ditch effert I decided to try to go to the last known place the buyer was at and that is were it went all downhill
    I found out per the buyer's mother the buyer was in jail for theft(over 8k)(which I did verify) and the buyers boyfriend and his friends robbed her of the car at gunpoint and left her at a gas station(where the theft she got arrested for happened) and the boyfriend was on the run in my car, I tried to contact the detective on the case and he told me that the car was stolen 2 weeks prior to the theft incident against what the mother told me that it happened on the same night and that the buyer was not robbed at gunpoint but did not confirm nor deny the boyfriend was at large, the detective also told me straight out I should not have sold to drug addicts and basically told me that it was my fault, I did not know they were drug addicts I was not aware I was supposed to ask a potential buyer "hey are you a drug addict?" I was not made aware of any of this and have zero idea who or what to believe
    The buyer did not report the car stolen nor do I have any way to contact the buyer due to her being in jail, her family cannot afford bond and the case against her is strong she has little chance of getting out for the next 20 or so years
    So even if I did sue her which I cannot afford she doesn't have the car, does not have the money for the car and does not know where the car is and most likely who even has the car
    I dont have any info on the buyers boyfriend nor any way to attempt to contact him, no clue where he lives I don't even know if he even still has the car
    I have had significant issues with the local police, my local police is one of the most corrupt in the USA, anyone that feels the need to think I'm one of those people I highly suggest you look up Cocke county tn, there have been several federal investigations ranging from prostitution rings, cockfighting, bootlegging, drugs, counterfeit and stolen goods, etc
    I have been consistently harassed by them since I moved here such as being told they don't want me here I need to go back to were I previously lived to ganging up on me to run me out of town and failing to investigate a shooting even coercing me to not pursue action on my own I am in the process of moving due to this
    My point in bringing up the issues I've had with the local police is it doesn't surprise me they won't do anything and won't be of any help regardless but I'm at a loss I'm on a fixed income and can't afford a lawyer, can't afford to sue and even if I did the buyer is in jail and does not have the car nor does her family, the car is in an unknown place, in unknown condition, in possession of an unknown person, I have tried the police(city(told me they would arrest me if I didn't leave for trespassing), county(told me its a civil matter and I cannot report the car stolen as no crime was committed, even after I told them about the car being stolen and it was obvious a crime was committed), the detective(which told me its my fault to deal with it)(None of the police reported the car stolen, none of the police even made a note that I was there), my local legal aid(which offered no help), the TBI(which cant do anything), the buyers family, a few repo companys which is was well outside what I can afford and my insurance which filed an unlisted vehicle claim, however, due to it not being reported stolen and my deductibles being so high I doubt that it will amount to anything even if it gets approved
    I'm so frustrated and pissed off and have zero idea what to do or how to get my property back I'm posing here with the vague hope somebody will know of something I haven't tried yet or a law I can use to force the police to do something or legal aid or anything really

  2. #2
    Join Date
    Nov 2013
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    6,497

    Default Re: Private Seller, Private Buyer, Buyer in Default, Buyer in Jail, Car Stolen

    I would really like to help you but trying to read your post is like banging your head against a concrete wall.

    What is a paragraph?

    a distinct section of a piece of writing, usually dealing with a single theme and indicated by a new line, indentation, or numbering.

    "the concluding paragraph"
    So how about you just ask your questions one at a time. Like here are the facts and here is the question. Then you leave a space before you ask another question.

    What you posted is not much more than a rant without asking anything.

    Do you see how different thoughts are separated by a space?

  3. #3
    Join Date
    Mar 2013
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    17,272

    Default Re: Private Seller, Private Buyer, Buyer in Default, Buyer in Jail, Car Stolen

    Quote Quoting cgsarebeast
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    I made a deal to sell a car to a local buyer on a payment plan
    That's all I had to read. Incredibly stupid mistake and now you are going to pay for it.

    Sorry.

  4. #4
    Join Date
    Nov 2019
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    3

    Default Re: Private Seller, Private Buyer, Buyer in Default, Buyer in Jail, Car Stolen

    Quote Quoting budwad
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    I would really like to help you but trying to read your post is like banging your head against a concrete wall.

    What is a paragraph?



    So how about you just ask your questions one at a time. Like here are the facts and here is the question. Then you leave a space before you ask another question.

    What you posted is not much more than a rant without asking anything.

    Do you see how different thoughts are separated by a space?
    Didn't you mother teach you if you have nothing nice to say, say nothing at all?
    I'm going through a hard time but instead of helping you would rather criticize others because your life sucks and it makes you feel better, how about you learn about compassion and come back

    Quote Quoting adjusterjack
    View Post
    That's all I had to read. Incredibly stupid mistake and now you are going to pay for it.

    Sorry.
    To anyone that is gonna comment DONT if you dont have anything constructive to add, while I really do want help and thank anyone that has suggestions for their time, I'm going through a hard time I don't need a holes that have nothing better to do than to criticize or say pointless crap to random people on the internet

    But just for the sake of argument, I did this because I am a good person and wanted to help someone out, being called stupid for being a good person is why the world is crap right now and a very inhumane thing to say being a good person SHOULD be encouraged NOT penalized

    To anyone that has helpful suggestions I could really use them, to anyone that wants to poke fun at me f off

  5. #5
    Join Date
    Oct 2006
    Posts
    15,718

    Default Re: Private Seller, Private Buyer, Buyer in Default, Buyer in Jail, Car Stolen

    I sincerely hope that you have that car insured...because legally you still own it and you will be legally responsible if there is an accident involving anyone else. You might talk to the DMV to see if there is any way that you can divest yourself of ownership.

  6. #6
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    Nov 2013
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    Default Re: Private Seller, Private Buyer, Buyer in Default, Buyer in Jail, Car Stolen

    Quote Quoting cgsarebeast
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    Didn't you mother teach you if you have nothing nice to say, say nothing at all?
    I'm going through a hard time but instead of helping you would rather criticize others because your life sucks and it makes you feel better, how about you learn about compassion and come back
    I wasn't poking fun at you. You appear to be literate but when you write blocks of text like you did, it's hard to read.

    Notify the DMV that you sold the car. Here is the form to use.

  7. #7
    Join Date
    Jan 2016
    Posts
    417

    Default Re: Private Seller, Private Buyer, Buyer in Default, Buyer in Jail, Car Stolen

    The police are unable to help you, as the car wasn't stolen (at least not from you.). This is strictly a civil matter, and you will HAVE to sue if you want even a chance of resolving this.

    That said -- let's say you scrape together the filing fee**, make it in front of a judge and win. Now what? The court isn't going to collect for you, and it sounds like the buyer has far bigger debts to pay. You might get the car back in lieu of payment, but then you have to find it and hope that it's still operable.

    **Pro-tip: your local small claims court may have a fee-waiver - please ask them. Although it still doesn't solve the issue of actually collecting if you win.

  8. #8
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    Nov 2019
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    3

    Default Re: Private Seller, Private Buyer, Buyer in Default, Buyer in Jail, Car Stolen

    1st I want to say thank you, you gave me an intelligent response about the question I asked

    Quote Quoting Shadowbunny
    View Post
    The police are unable to help you, as the car wasn't stolen (at least not from you.). This is strictly a civil matter, and you will HAVE to sue if you want even a chance of resolving this.
    I'm a super logical person and while I do know laws that pertain to my rights and how to protect myself legally and do often research things I need to know so I did read up on the laws on this issue I have never been in this kind of situation before and I'm coming more to the conclusion the law is bs and written by a bunch of idiots, I have known for awhile the law is very often unjust and doesn't make sense but I have no words for this craphole I'm in. my point is, I'm starting to figure out what you said seems to be the case even though by the law and logic the car is stolen, I am the owner of the car and obviously have all the rights to the car and the buyer has zero rights but it doesn't seem to matter because I have a contract, which makes zero sense as the contract has been in default for over a month and legally she didn't have any right to ownership until paid in full and that few people will even talk to you and your lucky if you don't get disgusted looks and act like Im wasting their very existence(this may be my area, however)

    Quote Quoting Shadowbunny
    View Post
    The court isn't going to collect for you, and it sounds like the buyer has far bigger debts to pay. You might get the car back in lieu of payment, but then you have to find it and hope that it's still operable.
    Beyond the fact, I couldn't afford it or so I thought this is the very reason I dont see much point in suing it will not do anything other than giving me a judgment of known facts it is redundant and illogical and will do nothing but waste everyone's time
    I am thinking about trying to see the buyer however I may be able to get it reported stolen if she does and I may be able to get info on her boyfriend but thats the key "may" if the jail will even let me see her




    Quote Quoting Shadowbunny
    View Post
    your local small claims court may have a fee-waiver - please ask them. Although it still doesn't solve the issue of actually collecting if you win.
    I finally got through to a legal aid office that would talk to me and found that out maybe an hour before you posted

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