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    GeorigaBlockRain's Avatar
    GeorigaBlockRain Posts: 27, Reputation: -3
    New Member
     
    #1

    Apr 5, 2007, 08:54 PM
    IS it still my car?
    OK About 4 or 5 years ago me and my aunt had a deal I was going to sell her my ford exploree for 1 grand... well she only paid 500 dollars on it and didn't pay anything ese by the way we didn't have no writtin agrements and the title is still in my moms name... I want to know if I can get it back and what I have to do to get it back... me and that side of my family don't really get along anymore and I don't have a car anymore so I was just curoius on what I should do... theyve been paying insurecne on it this hole time... but does that matter... I mean I need to know what I can and can't do!!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #2

    Apr 6, 2007, 05:19 AM
    Hello Georgia:

    You need to sue them in small claims court for the $500.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Apr 6, 2007, 06:47 AM
    Part of the issue is that you did not do anything in writing, so while you may "own" the car and have some liability if something happened since you can't prove you sold it.

    As excon states first you need to talk to them and explain that you need the money or the car. If they don't do one or the other sue them in small claims court for the money
    GeorigaBlockRain's Avatar
    GeorigaBlockRain Posts: 27, Reputation: -3
    New Member
     
    #4

    Apr 7, 2007, 12:21 AM
    All right thinks but I was just wanting to know if I could get the car back... myself
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Apr 7, 2007, 05:12 AM
    excon and Chuck answered you. But since you don't seem to have understood, the answer is NO!

    They have possession of the vehicle. Even though the title was not changed, since they have been paying the insurance, that constitutes proof there was an agreement for them to purchase the vehicle.

    For you to legally repo the car, you have to take them to small claims court and obtain a judgement against them.
    RichardBondMan's Avatar
    RichardBondMan Posts: 832, Reputation: 66
    Senior Member
     
    #6

    Apr 7, 2007, 06:26 PM
    Who has possession of the title ", your mother or you or the aunt? Do you know how the aunt it buying the tag when she's not the owner ? Maybe she's in a state where one just shows up at the DMV and pays the tag fee ? (your mother is still the registered owner from what you said.) If the aunt is insuring it and the veh is not legally hers (Registered owner per the registration), she might not have valid insurance ? Anyway, it's gone on 4 years now with all these things not right but I will give you my thoughts about the situation of you wanting the veh back. I would see if she will take her $500 back, if she want, you could have you mother (provided she has a key) just go get in it and drive away since it's her vehicle. How can one be accured of auto theft when it's their vehicle. I wouldn't trespass on anyone's property though. Probably the best thing to do is offer her her $500 back in person, if she won't take it, have your mother write her a letter offering $500 back since she reneged on the balance of $500, give her 10 days to respond, then if no answer, file in small clamis. Show the judge the title, tell him of the verbal deal. Your mother's probably going to lose but who knows. What will it cost her ? Only the filing fee which is probably not more than $50.

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