Legal Question in Credit and Debt Law in Missouri

I was buying a vehicle from a buy here pay here place in Missouri. I was unable to keep up with my payments and a civil suit for breach of contract was filed. In the papers I was served it stated the amount that they were asking for in the suit, but didn't state anything about who keeps possession of the vehicle. In a breach of contract suit do I continue to keep the vehicle and would legally owe them the amount they asked for, or would they get the vehicle back and sell it and apply that amount towards the amount awarded in the suit? I am unclear on who gets the vehicle and can't afford an attorney right now so hoping you would be able to answer this questiion for me. If you need any additional information please let me know and Iwill provide what I can.

Thanks,

Lefty


Asked on 10/26/09, 5:21 pm

1 Answer from Attorneys
Anthony Smith LawSmith

An action to get the vehicle back would be replevin action. Sometimes creditors Fiel aPEtition wiht one count for collection o fthe note, and another count for replevin. It appears that the Plaintiff in your case does not want the car, but only the money. This could be problematic for you, as you could get a judgment against you for the amount owed, pay it, and still have the lender's lien on your vehicle title.

Good luck

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Answered on 11/02/09, 6:17 pm


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