Legal Question in Credit and Debt Law in Massachusetts
breach of contract/check fraud?
I sold my car to a ''friend'' for an
initial down payment of $1000 and
agreed to receive payments of $250
every other week. I kept my name
on the title as a lien holder and still
have the title. I have since moved to
Arizona and immediately had
problems. before leaving, she gave
me all of the payments in the form
of post-dated checks. i received 2
payments before leaving, but the
first check i deposited after moving
bounced. every other check has
since bounced and she has refused
all contact with me. i have several
different charges from both my bank
and credit card accounts because of
this. i kept one key as a security
measure and have family that i trust
to act on my behalf. how can i
resolve this issue? i have already
tried to convince her to resolve this
issue reasonably, but i am beyond
frustration and months of
aggravation are building up. can i go
after her for check fraud, breach of
contract (which we both signed and
she admitted to losing), or repo my
former car?
1 Answer from Attorneys
Re: breach of contract/check fraud?
Probably all three remedies are available to you. If you have not transferred title to the car to her, and she has not paid to receive title to or the right to possess it, its still yours. If the title is in her name, don't try to repossess.