Legal Question in Business Law in Texas

reposessing car

I had contract with an individual where he was suppose to pay me 450 for 5 months, the last month being the rest of the amount owe. He was suppose to buy insurance for the car once recieving it. He never showed me the insurance card when I asked for it. Well, 3 days after he wrecks my car and from that day forward he's been late on payments and not paying the amount agree upon. He was late on August payment even after I had contacted him about the payment and he said he would pay me on the 28th of August. I never recieved the payment. After unsuccessfully trying to contact him after the 28th, I repossessed my car. Now he is trying to sue me for the amount he has paid on the car. Even though he has stretched the 5 months out to more then 7 months. Was I right in taking back my car? Considering he breached every single elements in the contract.


Asked on 9/16/03, 11:50 pm

2 Answers from Attorneys
Barbara Lamar Law Office of Barbara Lamar

Re: reposessing car

Wow! I can see why you'd want to repo the car! Whether it's legal or not depends on the agreement you and the buyer made with each other up front. If the understanding on both sides was that you could get the car back if the buyer didn't make the payments, then what you did would be legal. Proving that you and the buyer had an agreement like that is another story. Usually what happens when a buyer and seller have this sort of agreement, is that the title shows a lien on the car, in favor of the seller. That lien on the title not only proves that the buyer promised you could have the car back if the payments aren't made; it also gives notice to other people that the buyer doesn't own the car outright.

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Answered on 9/18/03, 1:08 pm
Peter Bradie Bradie, Bradie & Bradie

Re: reposessing car

If the title was still in your name, or if the title showed that you had a lien on the car, then the repossession was legal. If the title was in his name, and no lien shown in your favor, then you may be in the wrong.

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Answered on 9/17/03, 9:43 am


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