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    angelz921's Avatar
    angelz921 Posts: 73, Reputation: 3
    Junior Member
     
    #1

    Jan 12, 2009, 05:26 PM
    Failure to pay lien on car
    I sold a car to a gentleman, he is still making payments on the car so we placed a lien on the title *which is in my possession*. He hasn't made a payment, how long do I wait until action is taken? Do I repossess or is there another action I am suppose to take?

    I live in Florida if that matters? Thanks
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Jan 12, 2009, 06:14 PM

    If you still have the title, then he doesn't own the car. Do you have a note stating the car is collateral?
    angelz921's Avatar
    angelz921 Posts: 73, Reputation: 3
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    #3

    Jan 12, 2009, 06:26 PM

    Yes, it's states in the agreement that he is to pay $$$ no later then the 10th of each month for... months. Failure to pay will resort in repossession, but it doesn't say how many days before repossession. It does state as a result of a repossession he is not entitled to any refund of payments made.

    Is there a time line we would need to go by before repossession?
    LawLover1's Avatar
    LawLover1 Posts: 4, Reputation: 2
    New Member
     
    #4

    Jan 12, 2009, 06:39 PM
    Quote Originally Posted by angelz921 View Post
    I sold a car to a gentleman, he is still making payments on the car so we placed a lien on the title *which is in my possession*. He hasn't made a payment, how long do I wait until action is taken? Do I repossess or is there another action I am suppose to take?

    I live in Florida if that matters? Thanks
    Most banks and lenders would wait for 3 months before they repossess.
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    angelz921's Avatar
    angelz921 Posts: 73, Reputation: 3
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    #5

    Jan 12, 2009, 07:01 PM

    The car is supposed to be paid off in 3 months.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Jan 12, 2009, 07:37 PM

    You will have to repo, and you can do it anytime after he is in default
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #7

    Jan 13, 2009, 01:43 AM

    Send him a letter stating that he is in default of the contract and advise him to turn the car over to you or it will be repossed. Set a deadline (not more than a week) for him to turn it over.
    angelz921's Avatar
    angelz921 Posts: 73, Reputation: 3
    Junior Member
     
    #8

    Jan 16, 2009, 09:41 AM

    I am happy to say, the gentleman paid the note with an apology and plans on paying off the entire note in 2 weeks. Thank you for all of your help!

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