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Ali_722 · Dec 8, 2010, 10:12 PM

In April of this year, I sold my car to a friend... He is in the Army and was PCSing out of state, and I was moving there shorty after to be with my husband so I decided that it was okay for him to just make me monthly payments- He had agreed that if I ever wanted to buy it back from him that was also an option. I sold him the car for $4,000- but upfront he paid me $1100. After that I didn't see any money from him until I harassed him the entire month of may and he paid me $200 the beginning of June. Since then I haven't seen a single dollar, and I'm sure he has no intention of giving me anything else. He has also sold the car to someone else off craigslist, and SHE is driving the car around with his plates and title still. That might be a pointless piece of information but I just wanted it out there that I guess it is still legally his. Unfortunately, I do not have anything notarized that he owes me this money. I do have witnesses to the agreement and text message and emails exchanged between us discussing how much he still owes me. I can't believe I let myself get involved in such a shady transaction- I was complete stupidity and I understand that... but if anyone has any advice on how I can try and fix it I would really appreciate it! I don't know if with him being in the army that might help me out at all? Or if they're is something with the military that could help me further? Thank you very much!

its2am · Dec 9, 2010, 12:33 AM

Did you do the big NO NO? You have to write in the selling price when you transferred the title, did you transfer the title? And did you do what a lot of people do and understate the price so your "friend" did not have to pay taxes on the whole sale amount? If you have nothing else in writing and you understated the sale price he is only responsible up to the price you put on the sales document. Please give us more information.

joypulv · Dec 9, 2010, 02:53 AM

You asked this in Small Claims, and Small Claims it is. If you are near each other, file, and bring any emails and witnesses you can. Even if you win, however, getting paid is another story. It requires more filings if he doesn't, and each one costs a fee. The fee is awarded to you if you win. The fact that someone is driving around on his plates isn't relevant but does indicate that he is very casual and irresponsible. For 2700 it's worth it to file. I don't see how the military is going to help you.

ScottGem · Dec 9, 2010, 04:59 AM

Notarization just confirms that the document was signed by the people claiming to to be the parties. You do NOT require notarization to prove a transaction.

The mistake you made was in A) not getting a promissory spelling out the details of the transaction and B) not placing a lien on the title using that note.

So, if you signed over the title, then you have to go to court and get a judgment against him. If you have proof of the transaction then you should win your suit and get a judgment. Once you get a judgment you can either repo the car or attach assets.

There is a kicker here. The military doesn't like deadbeats. If he is still in the military and reneged on the debt, you might try contacting his commanding officer.

Ali_722 · Dec 9, 2010, 05:23 AM

Thank you very much! I know I was far too trusting with this, and it has definitely come back on me. I think the only thing I really have going for me is the fact he's in the Army and like you said, they don't like deadbeats.

Ali_722 · Dec 9, 2010, 05:26 AM

His commanding officer is already fed up with him for other things, this will just be the icing on the cake. I guess what I will try and do is gather any information that I can find and bring it to the JAG office and see how it goes from there.

Ali_722 · Dec 9, 2010, 05:35 AM

Thank you, I feel the same way... I do think it is going to be beneficial that he is in the military though, because I don't think they're going to want it to get to the point of going to court... especially if there's a high chance of him losing.

Ali_722 · Dec 9, 2010, 05:43 AM

I did transfer the title.I was unaware with it being a private party sale that I could still hold my title until it was paid off.I honestly don't remember how much I wrote the selling price in for.Is that going to be crutial even with other documents?

ScottGem · Dec 9, 2010, 05:27 PM

First please don't use the Comments feature for followups, Use the Answer options at the bottom.

The Sales price on the title will possible be held as the true sales price unless you have documentation of another agreement.