Legal Question in Credit and Debt Law in Alabama
Need to repo a car I financed
I sold a 1991 Honda Civic to my brother-in-law's sister. Her husband had left her, she had no money, she has a 14 year old son to care for, and her car gave out on her all in the same week.
The next day after I sold it to her, while she was learning to drive it (stick shift), she had problems.
with it. She called me to tell me she would have to bring the car back because the radiator had busted and she could not afford to fix it. Then she asked if I would pay to have it repaired, then add the repair cost the the cost of the car. Stupidly, I agreed, to the tune of around $400.00. We agreed she would pay me $50.00 per month. She worked as a cashier at a small store and I knew she did not earn much money.
She has made three payments. Each time I had to look her up and ask for the money.
She will not pay me for the car and will not tell me where it is.
Please tell me what steps I can take to get the car back.
She signed a note saying she owed me $850.00, the origanal price of the car. One week prior to selling her the car, the car's value was estimated at 1600.00 to 2100.00 dollars, by a car dealer who offered to sell it for me.
Thank you
1 Answer from Attorneys
Re: Need to repo a car I financed
you probably did not have her sign a security agreement, and therefore, you cannot repossess the vehicle. Your best course of action, legally, would be to file a small claims suit against her for the money. Given her financial situation, this probably won't help you much either. I would recommend you sit down with her and talk to her about how you were trying to help her out, and she is taking advantage of your sympathy and help. It sounds like you are in a very difficult position.
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