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  • Legal Question about a vehicle repossesion, sorta...

    First of all, before I begin I wanna state that Im going to consult a lawyer to better find out the cold hard facts, but not yet and am curious what other people have to say.

    I have a 2001 Chevy Silverado 2500.

    I bought it from a friend, because he bought a brand new truck and was hard up for cash because he was having issues paying two truck payments, not that it matters.

    I already had several vehicles, really didnt need this truck but the price was right so I got a loan on the truck, payment was only $150 a month.

    A friend of mine really wanted the truck, so I told him to get a loan for exactly what I paid for it and he could have it. After trying about 20 different places, he couldnt get approved. We have been friends since grade school, and pretty much inseperable. I considered him my best friend, until recently.


    He had several repo's on a car he previously owned and his payments were only $71 a month, and has had no other credit history..

    So I told him that he could make payments to me on the truck and he could drive it, and when my loan was paid off he could pay the extra $ to transfer the title, license etc. into his name.

    So Ive got this truck:

    Title / loan in my name
    License plates / Registration in my name
    Insurance in my name


    Now, he's horrible at making payments on time, ALWAYS late.. Ive warned him several times, its getting worse.
    We also agreed that he'd pay me $350 a month so that the loan would be paid off quicker, and he's never been able to do that, and either pays 150-200 a month.

    He has a steady job, has worked there for 7-8 years, and makes $600-700 a week.

    He wrecked the truck, the front end is torn up, the passenger front door, passenger rear door, and bed of the truck on the passenger side is completely smashed. The tailgate is destroyed from a D-ring hitting it when trying to be pulled out of the mud, and the rear bumper is destroyed. All of which is damage caused by him.

    i am not trying to hold him liable for any damage to the vehicle

    Now, theres alot of drama going on as to which why were not really friends anymore, like for example, he fuucked my girlfriend (ex), he started getting into drugs (coke), and hes been extremely shady, lying about everything etc.




    So its gotten to the point that I am going to confront him, and tell him he has 30 days to pay off the remainder of the loan ($2,600ish)

    If he cant come up with the money, the truck needs to be sold within those 30 days, or after 30 days the truck will be repo'd by me, and sold for exactly the amount to pay off the loan, which he would lose any of his equity in the last year and a half + that he's been paying on it.

    I am also considering taking the license plates off of it, since they are mine. So that I am not held responsible for any bullshiit he's doing.

    Now Im fairly sure that this is in my favor when it comes to legality because he is in no way tied to this truck, his name isnt on anything.
    But his dad lawyers up to everything under the sun anytime something doesnt go his way so I can see him trying to start shiit with me.

    I am going to consult a lawyer in a few days when I get some free time and can set up an appt.

    Whats your opinion on this?
    Last edited by StrtRacer98; 06-24-2010, 04:51 PM.
    *Matt


    Old people shouldnt use the internet.

  • #2
    Re: Legal Question about a vehicle repossesion, sorta...



    This is the truck
    *Matt


    Old people shouldnt use the internet.

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    • #3
      Re: Legal Question about a vehicle repossesion, sorta...

      Was the anything on paper for the deal between you two or was it all verbal?
      That will play a large part. I would deffenitly consult a lawyer as you have previously stated.
      Daily: '02 Black Yukon Denali
      Toy: '06 Torrid Red GTO
      Gone: Powerdyned '02 Pewter Camaro
      Gone: '07 Charcoal Yamaha R6
      Gone: Ex-wife, lol

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      • #4
        Re: Legal Question about a vehicle repossesion, sorta...

        All verbal, nothing on paper.
        *Matt


        Old people shouldnt use the internet.

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        • #5
          Re: Legal Question about a vehicle repossesion, sorta...

          Unfortunetly that is going to make it more difficult to make him liable. When you talked to him about said deal did anybody else witness it? otherwise it probolbly will not be considerd "binding", you see what im getting at? It would be a he said, he said argument.
          Daily: '02 Black Yukon Denali
          Toy: '06 Torrid Red GTO
          Gone: Powerdyned '02 Pewter Camaro
          Gone: '07 Charcoal Yamaha R6
          Gone: Ex-wife, lol

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          • #6
            Re: Legal Question about a vehicle repossesion, sorta...

            It's not a repo, it's your property, go get it. If there is no written contract of sale, it's still your property.
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            • #7
              Re: Legal Question about a vehicle repossesion, sorta...

              you might be screwed (on the money). documentation would have made it a no brainer.

              current car- 95 Trans am- bolt ons, parked and collecting dust. why? because **** it

              Follow me!
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              • #8
                Re: Legal Question about a vehicle repossesion, sorta...

                Originally posted by Bird_Of_Prey View Post
                It's not a repo, it's your property, go get it. If there is no written contract of sale, it's still your property.
                correct but, he will not be able to hold this guy liable for the damages me thinks...

                StrtRacer98,

                Yes the non documentation helps you quite a bit if your looking to just go take the truck back. He will not be able to prove that it is "His". Did he make the payments to you in cash? if so he has no paper trail like a cashed check would leave.
                Daily: '02 Black Yukon Denali
                Toy: '06 Torrid Red GTO
                Gone: Powerdyned '02 Pewter Camaro
                Gone: '07 Charcoal Yamaha R6
                Gone: Ex-wife, lol

                Comment


                • #9
                  Re: Legal Question about a vehicle repossesion, sorta...

                  Im not looking to hold him responsible for any damage to the truck.

                  All im looking to do is get the truck out of my name, and if he cant get the money to pay it off then Im going to sell it for the remainder of the loan, which is around $2,600..


                  I see it as my property, as far as anyone else knows he is borrowing it from me.
                  *Matt


                  Old people shouldnt use the internet.

                  Comment


                  • #10
                    Re: Legal Question about a vehicle repossesion, sorta...

                    Originally posted by Bird_Of_Prey View Post
                    It's not a repo, it's your property, go get it. If there is no written contract of sale, it's still your property.
                    Thats how I see it..
                    *Matt


                    Old people shouldnt use the internet.

                    Comment


                    • #11
                      Re: Legal Question about a vehicle repossesion, sorta...

                      Originally posted by StrtRacer98 View Post
                      Im not looking to hold him responsible for any damage to the truck.

                      All im looking to do is get the truck out of my name, and if he cant get the money to pay it off then Im going to sell it for the remainder of the loan, which is around $2,600..


                      I see it as my property, as far as anyone else knows he is borrowing it from me.
                      You are basically letting him rent your truck - - Without a contract, I think the burden of proof would be on him in small claims court to recoup whatever payments he "allegedly" made to you.

                      Go down to your local LE with your title, explain your situation, and have them escort you to pick up your truck. They'll make sure you take it back in a legally proper way. DON'T go hillbilly and take it back yourself, your actions may make you liable for a whole ton of things.

                      If your buddy is that stupid to get a lawyer, I would go get one only after their lawyer sends you something official (which I seriously doubt they would).

                      Morale of the story, NEVER mix money/business deals with family or friends.
                      <a href=\"http://www.cardomain.com/id/sac2165\" target=\"_blank\"> CAMAROS</a>

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                      • #12
                        Re: Legal Question about a vehicle repossesion, sorta...

                        Well with friends like him you don't need enemies.

                        Go get YOUR Truck,its yours not his.

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                        • #13
                          Re: Legal Question about a vehicle repossesion, sorta...

                          Counter sue, since he stole your truck and wreaked it LMAO

                          Seriously though, wtf could he do? Sound to me he put equal amount of damage into the truck as has paid...

                          If he wants money back, then the truck is your property 100%. Then he would owe you for damages to said property. Otherwise it was rented and he still owes you for damages. Id have to say you are better off with out the paper work. He has your truck and he wreaked it... If this guy is serious then I say to you Matt, lets go beat the stupid out of him :D
                          Last edited by nimrod.sixty9; 06-24-2010, 08:58 PM.
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                          98 Camaro 3.8 M5 Y87 | 99 Camaro LS1 Z28 T56

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                          • #14
                            Re: Legal Question about a vehicle repossesion, sorta...

                            Oh man... ALWAYS get loans on paper, especially with friends, because friends are more likely to take advantage of your relationship and screw you over. If only you'd ever seen an episode of Judge Judy, Judge Mathis, Judge Joe Brown, Judge Alex... seriously half their cases involve unpaid loans to friends/relatives and no one ever thinks to put it on paper. Even a 1-line informal contract on a bar napkin would work, as long as it's signed by the person you're loaning money.

                            Anyway... hindsight is 20/20...
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                            • #15
                              Re: Legal Question about a vehicle repossesion, sorta...

                              It's your truck just go get it. Consider yourself lucky that when he did the damage to it, it didn't end up costing you higher insurance or lawsuits for hit and run.
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