Legal Question in Real Estate Law in Utah

I am in a contract to sell a car and the individual. the contract is monthly payment for 11 months. he is behind nearly 900 dollars and he keeps saying he will deposit money into my account and he never does. he is in default now with the vehicle and in the contract it doesn't state anything but, quote "lack of payment for a period of 60 days will void the contract and remit ownership to the original seller (me) i am going to take the car back after he is 75 days late. He has threatened that if i come near him or the car his attorney will ensure our criminal prosecutions. Do i need to write him a notice that he is in default and or do i need a civil officer with me or a police officer to reposes the car or can i do it myself?


Asked on 7/14/12, 2:58 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

If the agreement requires notice, you must give it. Otherwise if he he is in default you may take take the car. It is not a crime to repossess a car. Call the police and explain what you are doing so if he calls the police they will already know what is happening. Furthermore private attorneys do not "insure criminal prosecutions."

You may take it yourself, or hire a repossessor - the police will not repossess.

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Answered on 7/14/12, 4:44 pm


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