[ashleydawn385]

I bought a used car from a guy a year ago and paid it off last summer. The guys office burned and all of his records went with it. He's still saying that I owe him money. He already put the title in my name and I have it in my possession. The car turned out to be a lemon and I've since paid over $2000 in work on it. This guy keeps sending a tow truck to my house to try to take it back. My question is, if the title is in my name is the car legally mine, can he take it just by saying that I owe him more for it and If he tries to take me to court for the car can I countersue him for selling me a lemon??

[ScottGem]

If he tries to take you to court he will have to provide proof that you didn't pay under the terms of the sale. I assume you have your cancelled checks to prove otherwise.

Whether you have a counterclaim about the car being a lemon depends on the terms of the sale and whatever warranty existed. Also your local lemon laws.

However, if he repos the car without being able to prove that you didn't pay, you can sue.

[ashleydawn385]

Thank you... actually sometimes I paid with cash and other times with checks. The last couple payments he never wrote me reciepts for, mainly because he doesn't have an office anymore. It seems like he's short on cash and is trying to get something out of me.

[Fr_Chuck]

A receipt could be on a napkin, not having a office is not an excuse

If he does not have a lien on the title, and the title is fully in your name, he can not legally repo the car. If the car is sitting in the front of the house when the "tow" truck comes by and they don't take it, then he is just trying to scare you into paying more money, if the car is there and he could take it they would.

NEVER pay cash to people for "something" always have a paper trail.

But at this point you can do little expect write and tell him to stop harassing you, and see if he sues you or tries to repo the car.

Also without a lien on the car, a repo could well be stealing the car, if you have a clear title.