Legal Question in Credit and Debt Law in Missouri
Repossessing a vehicle
I have a lien on vehicle, the buyer has not made a pymt in two months. the agreement was to be paid every other week when he got paid. Can I retain the vehicle from him. This is a private sale between two individuals. How long do i have before i can claim or do I have the right to do this.
1 Answer from Attorneys
Re: Repossessing a vehicle
If you have a valid lien on the vehicle that is recorded by the Department of Revenue, you probably can repossess the vehicle if you can do so without a breach of the peace. However, you are much safer here if you engage the services of an attorney and have the attorney file a writ of replevin to get a judicial order to turn over the vehicle. This can then be executed by the Sheriff and you can get the vehicle back.
Lots of people have been shot, stabbed, injured and killed trying to take back property. That's why there are professional recovery companies to do that.
If the agreement you have with the buyer is not in writing, or does not specifically reserve the right to repossess the car, you may have problems with a simple repossession, and the safest bet for you is simply to go see a lawyer and pay him to get the car back for you.
Good luck.