Legal Question in Credit and Debt Law in Virginia
I sold a truck to a friend. I have a lean on title until paid in full. We signed contract stating when payments were due etc. Can I repo or what do I do to get truck back or demand payment in full? Only been paid on time about 4 times.
2 Answers from Attorneys
Yes, if the vehicle's title remains in your name,there should be no legal impediment to your
going and picking up this truck at any time (assuming the buyer remains in default on the
contract).
However, if title is now in the buyer's name, he's the legal owner of this vehicle and you can't simply
go and repossess it without going through the proper legal procedures in your local general
district court which would likely involve your suing for what remains owed on the contract or, possibly, in the alternative for the return of the truck under what's called a warrant in detinue.
If you have a valid recorded lien (lien on title, and a valid security agreement), you can repossess, There are some strict requirements as far as notices that have to be given, so be sure to consult a lawyer before doing anything.
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