Saturday, July 31, 2010

Please help! Need legal advice?

I had a car for sale and I was trying to help the guy out because he was in the same situation I had been in-needed a car, but didn't have enough money. I allowed him to give me half the money, and drive the car, with the promise that he would give me the other half in one weeks time. That week has come and gone, and he's not answer the phone or text messages. I spoke with him two days ago, he said he would bring it by yesterday, and yesterday no word came. I still have the title (I'm not that dumb) but what do I do if he doesn't pay me? Technically, the car still belongs to me. Please help. I was depending on that money to help me get out of here.Please help! Need legal advice?
Set a date that the final payment must be made. Tell him to bring the car back if he doesn't pay by then.





If he doesn't bring it back, you'd have to take him to a small claims court.





Since you have the title, the car does belong to you.





By the way, do NOT report it stolen. It wasn't stolen. You gave him the car with understanding that he will pay the remainder. Making a false police report will hurt you more than it will hurt him.Please help! Need legal advice?
You trusted someone who wasn't trustworthy. Go take the car. I hope you still have a key. Don't let him drive it any more because you are still responsible for what happens. Be ready to return his money.





You got the standard ';yeah sure'; when he said he would pay you. He just mouthed those words to you so you would give him the car. He may have intended to pay but he has what he wants so he doesn't care much about it any more. Typical flake behavior.
Borrow the money or work for it or you loose the car. Money separates the best of friends. It sounded good in the beginning but there are no guarantees in this life.
You can repossess the vehicle and keep the money he already gave you since he breached the contract.
Since there aren't any written contracts, you can report him to the police for theft - since he doesn't own the car.





But I suggest you warn him first
report it stolen, or call the police and explain it to them we would understand that kind of claim.
I suggest that you talk to him on the phone and say that you are in dire need of the money for the car. Suggest that you feel that he has breached the agreement that you made with him.





I am a little worried that if you ask for the car back, you will get it back, but not in good condition. I am also not sure what will happen if you go to court and he claims that he paid the agreed upon price already and that you have not produced the ';title'; to the car. Did he pay by cash or check? Was there any receipt for the money received given? What does it say on it? Is there any written evidence of the original deal?
Did you write up a contract, or was it a word of mouth deal? If you didn't write up a contract, all you can really do is take the case to someone like Judge Judy.


Writing up a contract would have been a good idea, if you didn't already do it. You don't even need a lawyer to sign it. You just need the other person to sign it.


If you did write up a contract, take it to the police - they can track him down.


In either case, you still have the title, so the car is in all reality yours, so him taking off with it in breach of your agreement constitutes theft.
  • revlon
  • No comments:

    Post a Comment