Results 1 to 2 of 2
  1. #1
    Join Date
    Dec 2007
    Posts
    1

    Default Car Payments - Consequences Of Buyer's Neglience To Pay To Seller

    I’m hoping someone can assist me in this complicated matter concerning an individual selling another individual a vehicle under the following circumstances: buyer is making monthly payments to seller described on a written contract, and the title is registered with seller as lienholder. The question is: what are the possible actions that can be done if the buyer ceases to make payments and/or attempt to relocate/hide the vehicle? The state is Mississippi. The remaining balance on the vehicle would probably be too marginal for litigations; it’s approximately $5,000-$6,000. This question may be in the wrong place, but if it is, perhaps someone can redirect me. Thank you.

    1. According to state/federal law, what type of action can be used against the buyer’s negligence to not make payment(s) on time? What if it’s been several months? Would the buyer be at risk of any charges?

    2. There are several clauses in the written contract signed by both individuals, one that implies that if the buyer makes no attempt to inform the seller or complete overdue payments, then “the buyer will be obligated to forego his or her ownership of the described vehicle to be repossessed by the seller. Should the vehicle be repossess by the seller, any additional damage that has occurred since the date of agreement will be paid-in-full. Failure to comply with repaying any additional damage that has occurred after the date of agreement will result in legal action to be enforced on the buyer.”

    The final paragraph of the contract outlines the typical affirmation, acknowledgement, and agreement of the contract by both the buyer and the seller. With that said, could this contract actually be enforced? How would the seller go about expressing the terms of the contract and what can the buyer do in order to defend himself/herself?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Car Payments - Consequences Of Buyer's Neglience To Pay To Seller?

    Unless the laws in MS are way out of whack with the rest of the country, the seller can likely have the vehicle repossessed. The seller can also sue the buyer in court for the remainder of the money when the buyer violated the terms fo the contract.

    Criminal charges are extremely unlikely in this scenario unless there is something you neglected to mention.

    Here is a link with some more information:

    http://www.lawdog.com/states/ms/repo.htm

    - Carl

    1. Sponsored Links
       

Similar Threads

  1. Car Seller Won't Give Title to Buyer
    By rickyboy in forum Cars and Dealerships
    Replies: 1
    Last Post: 09-20-2010, 07:14 PM
  2. Private Buyer Making Payments to Private Seller
    By edub32 in forum Cars and Dealerships
    Replies: 6
    Last Post: 10-16-2009, 06:39 PM
  3. Theft and Larceny: Used Car Buyer Won't Return Seller's Plates
    By xDRx in forum Criminal Charges
    Replies: 2
    Last Post: 09-24-2008, 12:59 AM
  4. Private Sales: Can a Seller Forbid Resale by a Buyer
    By aaenterprizes in forum Consumer Law
    Replies: 4
    Last Post: 07-28-2008, 09:39 AM
  5. Forgery: Forgery Of Seller's Signature By Car Buyer
    By beekrock in forum Criminal Charges
    Replies: 2
    Last Post: 04-22-2008, 08:49 AM
 
 
Sponsored Links

Legal Help, Information and Resources