Legal Question in Civil Litigation in North Carolina

i have a verbal agreement with someone on the purchase of my van but now the person refuses to make the last payment what can i do


Asked on 12/02/13, 8:32 pm

2 Answers from Attorneys

If you have kept records of the payments you did receive, it will be fairly easy to prove you have a verbal agreement for the purchase of the van and that the last payment is still owed. If you did not keep records of payments, you will have a much harder time. Also, hopefully you were smart enough to retain the title or at least put a lien on the title. If so, you can simply hold on to the title or lien until he pays or you decide to take other action. If you actually have the title itself, you could also simply take the van back as long as you do not breach the peace doing so. If not, you need to decide if the expense of going to small claims court is worth it (assuming you both reside in the same county).

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Answered on 12/03/13, 1:25 am
Kenneth Love Ken Love Law

I agree with Ms. Houser except taking the vehicle back. Under the Uniform Commercial Code and NC Motor vehicle laws, the purchaser most likely is considered the owner of the vehicle now...EVEN if the title is still in your name.

Without a written agreement, you didn't take a security interest in the vehicle. DO NOT repossess the vehicle. I agree that if the title is still in your name, refuse to give the title to this person which means renewing tags and selling the vehicle is next to impossible, but then you are stuck with the taxes still being in your name.

I would recommend suing in small claims court for the return of personal property and/or the money you are owed. Then you have a court order giving the vehicle back to you.

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Answered on 12/03/13, 5:39 am


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