Legal Question in Credit and Debt Law in North Carolina

Your own sister? Gee whiz. I assume your sister is in NC and I have tailored my response to that. If she is out of state, you need to talk to a lawyer in the state where she resides.

I assume that you did not set this deal up properly by retaining a lien on the title to protect yourself because you assumed (incorrectly) that your sister would be decent and pay you as she promised. Did you get a bill of sale and a promissory note, signed by your sister indicating that she was to pay for the car price in installments? If not, do you have copies of cancelled checks from her making some of the payments and noting that it was for a car loan?

Is the car still titled in your name or did you sign the title over to her?? If the title is still in your name, letting her drive the car was bad because she cannot get insurance in her name. But its good because if you see the car out on the street you can go and pick it up - no questions asked. Its not stealing because its your property - your name is on the title.

If the car is titled in her name and she has the title, you cannot get the car back. However, you can sue her for the balance. How much is still owed? If its less than $5,000, you can sue in small claims; if over $5,000 then sue in regular court. You will need a lawyer for the latter. If you recover a judgment, you can then try to collect and you will definitely need a lawyer for that to best maximize your chances of success.

I would first see what was done and what documents you have. If you do not have the title, then I would either write her a letter or pay a lawyer to do so. The lawyer letter may have more oomph/powers of persuasion. In the letter demand that your sister pay up or else you will take legal action. If she does not respond, then followup with a lawsuit. If you have the title or a lien on the title, then you can repo the car if you can do so without a "breach of the peace." Meaning you can take the car if you can find it and its out in the open. You cannot break into her garage. If she is standing guard over the car, then you need to get a lawyer and recover possession of the vehicle lawfully by going to court.