Legal Question in Civil Litigation in California

Repossession of Truck for non-payment of personal loan with contract?

We loaned my step-sister money, ($28,000) for a truck with the agreement of repayment within 60 days. It is now dix months since loan was made, with no sign of repayment as she is unemployed. Can we take her to court for the truck to be given to us so we can use it since she has no money, so we can try to sell it? We also had a verbal agreement for pink slip to be in our name. She did not comply. Very deceitful practices by her. She's thinking of taking vacation to New Mexico in this truck. What can we do?


Asked on 12/09/05, 5:00 pm

2 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Repossession of Truck for non-payment of personal loan with contract?

Absolutely, especially if the loan agreement was in writing and clear on its terms lising the truck at issue as the specific subject matter of the loan. If this is the case, you would be a bona fide creditor with creditor remedies. If you would like further affordable assistance in this matter, contact us directly.

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Answered on 12/09/05, 5:34 pm
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: Repossession of Truck for non-payment of personal loan with contract?

In this situation, a verbal agreement will be difficult to enforce, for purposes of forcing her to give the truck to you. However, if you can prove that you loaned (and not gifted) her the money, you should be able to obtain a judgment against her for the unpaid monies, plus costs of suit.

If you do have a written agreement providing that the truck was to be in your name, then you can sue her for specific performance of that agreement and theoretically, you might be able to obtain an injunction compelling her to transfer the truck to you (subject to any liens).

You should seek out the advice of an attorney familiar with civil litigation. We are debt collection attorneys well versed in these types of cases, and we are retained on either hourly or contingency arragements. If/when you are ready to proceed, you should feel free to call or email.

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Answered on 12/09/05, 5:51 pm


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