Legal Question in Civil Litigation in California

Re: breaking a written contract

The answer depends upon the language of your contract

and whether you properly perfected a lien on the

vehicle under the vehicle code or the commercial

code. You need to consult with an attorney who has

the opportunity to hear all of the details and review

all of the documents.

Re: breaking a written contract

If your contract properly establishes a lien and if you properly have your interest recorded, you may be able to repossess the truck. You will want to consult with a lawyer first to make sure that you have done everything properly; you don't want the trouble that can come from an illegal repossession! Also, repos can be expensive and may not be worthwhile if the amount owed is too low.

Otherwise, your only recourse is a lawsuit.

This is why installment sales are risky. Next time, insist on full payment and let the buyer get a loan from a bank if he can't come up with all the money right away.