Legal Question in Civil Litigation in Virginia

Repocession of vehicle for non-payment

Sold a vehicle to a friend. Let friend put vehicle in their name to get tags, have contract. Contract states that after nonpayment of 2 months action will be necessary. I to repocess the vehicle on December 21, after payment and graces of 2 months has happened. How can I do this with vehicle in their name.

Certified letter - demanding full payment or title return?

Warrant in debitinue?

????


Asked on 12/13/06, 10:28 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Repocession of vehicle for non-payment

If the title is now in the name of the buyer, the buyer is the owner of record and your authority to repossess the vehicle(irrespective of what the contract for sale may say)would appear dubious.

The better route(legally speaking) would appear for you to file the warrant in detinue which you've mentioned in the general district court(civil division) requesting either the return of the vehicle or in the alternative a judgment for the amount outstanding and due under the contract.

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Answered on 12/13/06, 10:41 am


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