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    thefunarifamily's Avatar
    thefunarifamily Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 6, 2008, 01:28 PM
    Private car sales default
    My husband bought and sold a car to a friend. Right after the car was paid off, it broke down. Total price for the car: $600.00. We sold this person one of our cars that we weren't using. Again, pmts were to be made until car was paid off. ($2200.00)The military transferred my husband to another state and I stayed in Washington st. This person has made 2 pmts on the car and has missed now 2 pmts and has been avoiding all calls to get pmt or return the car. Threatening to do damage to the car if she has to return it. She also wants all pmts returned to her: Including the $600.00 pd for 1st car. The registration and title are still in my husband's name. The person we sold the car to has had 3 chances to come get the registration signed over-has not done so. Do I have the right to go get the car as the registration is still in my husband's name? I live in Washington St.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
    Ultra Member
     
    #2

    Jan 7, 2008, 06:40 AM
    Whether you have the right to get the car may depend on whether you have your husband's power of attorney. I don't know about Washington, but in many states a seller, your husband in this instance, has a 'purchase money security interest', or lien, in the car, which he should be able to foreclose upon non-payment. You can use 'self-help' up to the point of a breach of the peace. If you have the POA, get a deputy to meet you there with a wrecker. You should consult with an attorney about what to do after picking up the car, and if you receive a bankruptcy notice from the purchaser.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #3

    Jan 7, 2008, 06:50 AM
    Quote Originally Posted by thefunarifamily
    My husband bought and sold a car to a friend. Right after the car was paid off, it broke down. Total price for the car: $600.00. We sold this person one of our cars that we werent using. Again, pmts were to be made until car was paid off. ($2200.00)The military transfered my husband to another state and I stayed in Washington st. This person has made 2 pmts on the car and has missed now 2 pmts and has been avoiding all calls to get pmt or return the car. Threatening to do damage to the car if she has to return it. She also wants all pmts returned to her: Including the $600.00 pd for 1st car. The registration and title are still in my husband's name. The person we sold the car to has had 3 chances to come get the registration signed over-has not done so. Do I have the right to go get the car as the registration is still in my husband's name? I live in Washington St.

    I think at the moment the bigger problem is that the "purchaser" is driving on your husband's Registration and Title - if she's in an accident YOU and YOUR HUSBAND are responsible for any damages/injuries. I would contact the local Police immediately and follow their advice - at this point the money would be of secondary concern to me. In the event of an accident with injury this could be a disaster for you!

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