Legal Question in Civil Litigation in Florida

Sold a car to someone on a payment plan and they haven't made their payments

My boyfriend and I sold our truck to a guy we knew and agreed to take payments. We wrote up a contract stating that he would put $3000.00 down on the $5000.00 truck and make payments of $200.00 per week. He put the $3000.00 down but then never made any of his payments that he agreed to and he also sign the contract stating that he would. We still have the truck and now someone else wants to buy the truck. We cannot find this guy and he has never attempted to make his payments it has beenfive months now. Can we keep the $3000.00 and sell the truck to someone else???


Asked on 8/09/01, 5:08 pm

2 Answers from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Sold a car to someone on a payment plan and they haven't made their payments

If you, the seller, recorded a lien on the title to the vehicle, then you can essentially foreclose on that lien, sell the vehicle and only keep the $2,000 balance that remains unpaid. For example, if you sell the truck for $4,500.00, you can keep $2,000.00 to cover the unpaid amount, which would make you whole (you get the $5,000.00 you are entitled to), but the money above and beyond the $5,000, which is the remaining $2,500.00 in this example, would then go to the buyer who you can't seem to find. If you can't find him, put the money in an interest bearing account and leave it there until you find him. Seek the advice of counsel and good luck.

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Answered on 8/09/01, 9:04 pm
Joel Cohen Joel M. Cohen,P.A.

Re: Sold a car to someone on a payment plan and they haven't made their payments

You have the title, I presume, so you can re-sell the truck. If the guy retrns for it, the worst thing that can happen is that you'll be obliged to return his down payment. There are more academic answers, and you can foreclose a lien if you have one, but I think you want a practical solution.

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Answered on 8/09/01, 11:50 pm


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