Legal Question in Credit and Debt Law in Kansas

I am having trouble collecting money for a car that I sold to a friend and neighbor three months ago who I've known for 20 years.

My friend is relatively poor, but he does work and has a steady income, so we agreed that I would sell him the car for $5300 and the only thing I would need is a $500 down payment and 24 equal monthly installments covering the remaining $4800 (no interest). When I received the down payment, I signed the title over to him, feeling confident he would pay me back, and I was happy to help him out. But, he is not doing so. It's been 3 months and he hasn't paid any of the monthly installments yet. I've confronted him face to face several times since, but he always says he will get the money tomorrow and bring it over, but he never did. Now he answer the phone when I call and I fear that he believes I will lose interest and he will drive that car until it wears out without paying for it.

What recourse do I have? I would like to be paid the remaining $4800 or have him sign the car back over to me.


Asked on 12/10/10, 10:31 am

1 Answer from Attorneys
Sean Santoro Santoro Law Office

You or your attorney should demand in writing $4800 or the return of the car. Many attorneys will write a demand letter for a small fee. If he neither pays nor returns the car, you can sue him for breach of contract and/or replevin (demand for return of a good) in the District Court where the defendant resides or is to be found. You can file this suit yourself or retain an attorney. Either way, I wouldn't wait for this problem to resolve itself.

Sean Santoro/Licensed in KS and MO

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Answered on 12/15/10, 12:26 pm


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