Legal Question in Credit and Debt Law in New Jersey

Unpaid auto loan (over $10K [P& I])

I purchased a BIG custom 4X4 ''show quality truck'' and subsequently sold it to my brother as I had trouble registering it. My registration privileges were suspended due to late child support.

My brother took title to the vehicle January 24, 2000 registered it and has been driving it since.

To date, he has refused to sign our agreement nor has he repaid any money.

I physically hold the title but failed to put a lien on same.

What recourse do I have to be repaid the principal ($8900) + the interest which was 2 points lower than the loan I took out on the same vehicle. Also, in your opinion, how difficult would this be pro se?

We both live in Somerset County.

Understand this, the time between my purchase and then reselling the truck to him was 1 week and the vehicle was never driven in that time.

Respectfully submitted,


Asked on 12/04/00, 5:00 pm

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: Unpaid auto loan (over $10K [P& I])

It's hard for me to answer whether or not you can accomplish this on your own. Sometimes I kiddingly ask potential clients if they are able to perform their own brain surgery. Lawyers, like brain surgeons, are hired because they have expertise that others do not have. However, if you think you can do it on your own, go ahead. On the main issue, it seems that you certainly have a good claim to get the return of the vehicle or reimbursement of the amount you paid for it. However, you need to bring your proofs to Court, get a judgment and then collect on the judgement. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since you have not retained an attorney in this case, before you take any further action, you should contact an attorney in your area to discuss your matter in more detail. Only then will you be able to rely on the advice. Since I am not near you geographically, I will be happy to speak with you on the phone, but I would not want to take your case. You may feel free to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 12/05/00, 9:18 am


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