Legal Question in Credit and Debt Law in Missouri

Debt collection

My husband sold his deceased mothers trailer. Hubby and the buyer signed a bill of sale(We made it) in front of a notary. The buyer agreed to pay on the 28th of the month starting in January 2005. This is in the bill of sale. He has yet to make a payment. My husband contacted the buyer in February. The buyer said that he would make a payment as soon as he got paid. We still have recieved nothing. I now find out that my husband already signed the title to the trailer and gave it to the buyer. I know I am already screwed. But is there some recourse in this matter?


Asked on 3/17/05, 7:52 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Debt collection

Depending on what the note says, you can still collect on the debt. If the amount is less than $3,000, then go to small claims court. If it's more than that, you'll need to get an attorney, most likely.

Giving up the title doesn't mean you are "screwed" so much as it prevents you from repossessing the trailer. If you had maintained a lien on the trailer, you could have taken it when he didn't pay. As it is, you need to sue, and ask for the trailer back if the guy can't pay you.

Good luck.

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Answered on 3/18/05, 9:08 am


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