Legal Question in Civil Litigation in Florida

My former pastor and landlord loaned me $2000 to buy a used truck on 5/1/09. I was layed off from work at the time and we had a verbal agreement that I would pay him the money back as soon as got it, with a payoff timetable approx 12/31/10... approx 18 months from original agreement I would have the money paid back. On 6/23/09 He asked me to sign a promissary note ( I had given him $200 by that time ) and had the truck listed as collateral. He said he wouldn't ever try to reposess the truck because we had allready agreed that I would pay him back as previously agreed. I signed the promissary note .... because I did, and do intend to pay him back. Now he claims I am over 60 days late, which is true and he says he wants to take legal action, including trying to get the truck back He dated the note 5/1/09 which is the day we made the verbal agreement, but the note was presented to me and signed on 6/23/09. I have the title which is free and clear. I'm pretty sure that the paper I signed is legally binding, but what about the part where he dated it 5/1 and it was really presented an signed on 6/23....is that the right thing to do. Can he take my truck if I have the title? I still intend to pay him. I rented an apartment from him for 20 months and never was more than a few days late?


Asked on 2/21/10, 6:49 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

If you are on the title and he is not there as a lien holder, he can't take the truck. He can sue you on the note and get a judgment, though. Try to wqork this out and put your agreement in writing.

Nice pastor!

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Answered on 3/02/10, 9:35 pm


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