Legal Question in Credit and Debt Law in Indiana
A collection
My question is this. I sold a vehicle to a person on payment making process. He signed a document stating the terms of the loan. He has defaulted, the only problem is he got ahold of the document and he wants the title to the vehicle and i wont give it to him because the check he wrote us bounced and he hasnt paid us back for it. He also purchased some baby things that he said he would pay for in june and he still hasnt. I told him i want him to pay them off as well before i give him the title or i want collateral for those untill it is paid for. He wants to go to small claims court but the only thing i dont like is he has the document which i think he will take to court but i only have a copy. What would happen?
1 Answer from Attorneys
Re: A collection
You would win. The fact that he has the original is immaterial, especially in small claims court. You could also sue him for three times the amount of the bounced check plus attorney fees. Whatever you do , do not give him the title until you are paid in full-I would not even agree to give it up for other collateral-most likely he will take the title and borrow against it or sell it without giving you a dime.
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