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  1. #1
    Join Date
    Mar 2009
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    1

    Default Private Party Auto Sale Default

    My question involves an auto loan or repossession in the State of: California.

    I sold a car to a person last October. I am the lienholder and have the title. Since I know the buyer I agreed to work out a payment plain for her to pay me monthly for a period of 36 months. She paid me for Oct and Nov. But her Dec. check bounced. She said she was having money problems and would be able to resume payments starting in Feb. She hasn't paid anything since Nov. Can I repossess? Or sue her for breach of contract?

  2. #2
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Private Party Auto Sale Default

    Quote Quoting loverspoint
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    My question involves an auto loan or repossession in the State of: California.

    I sold a car to a person last October. I am the lienholder and have the title. Since I know the buyer I agreed to work out a payment plain for her to pay me monthly for a period of 36 months. She paid me for Oct and Nov. But her Dec. check bounced. She said she was having money problems and would be able to resume payments starting in Feb. She hasn't paid anything since Nov. Can I repossess? Or sue her for breach of contract?
    If you are listed as the lien holder on the title you have every right to go get the car.

    You can resell the car, just be sure to follow CA law in the disposition of the vehicle.

    You have the right to sue for a deficiency judgment after you sell the car and it does not bring in the money which your debtor owes you. You are also entitled to legal costs, court costs, repo fees IF your contract stated so.

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