Legal Question in Credit and Debt Law in Texas

I have a rent to own agreement with someone about my car. In the document it states that the payments are to be made on the last day of every month for that month, and that late payments will accrue and become part of the payment until it is 2 months late. When it becomes two months late, I may reposses the car.
She is always late and one month the late payment went over 2 months late, so I told her that I will not be accepting payments anymore over 1 month late and the late charges will start 2 weeks after the payment is due. (She is currently 4 weeks late on her payment)
In the document is also says that she is responsible for all cost on the car (ie. Oil Changes, inspection...etc) I didn�t specifically put in tolls or tickets, but �all expenses� was put. She has currently racked up over 400 dollars in parking ticket and toll charges, and has not made a payment on them for 6 months.
I have tried on numerious occations to work something out to where she pays on time, but she simply won't work with me or make her payments on time. It has gotten to the point where over 400 dollars has come out of my pocket to pay for her tolls and tickets.
Has she in any way breached this contract to where I can reposses said vehicle at the end of the month, and if so, after I do reposses it, can I take her to small claims court to get the two months rent she didn't pay on the car and all the tickets and toll charges?

Asked on 4/21/10, 11:56 am

Charles Williamson Charles J. Williamson, Attorney At Law

0 users found helpful

0 attorneys agreed

What have you been waiting for? Get after it. The answers are Yes and Yes!

Answered on 4/26/10, 12:17 pm

Keywords

Match Any Match All

Country

State

Area of Law