Sold my car to a friend

april rogers

New Member
Jurisdiction
California
I sold my car to a friend for a total of $3800. His down payment on the day of purchase 10/23/18 was $50 (I KNOW, very low but it was all he had and I was being forgiving) and on 10/26/18 he was going to make the first payment of $600 (after payday).
We texted the morning of and he said he was going to contact me after work, and I haven't heard from him since. I wrote up a contact with the dates of payments, the agreement, the vin number, his signatures with dates as well as I got a copy of his ID. The phone number we have been texting on appears to be his Mother's or a relative. I have thought about going to his house, however he works strange hours so I'm not sure when to catch him when he is home. I wanted to put a lein on the title instead of signing it over to him immediately, so I went to triple A to get the proper documents, but he hasn't bee in contact with me since for him to sign anything like that.
The title is still in my name, but I am afraid that he may be getting parking tickets for the vehicle or it may have gotten towed of some sort. I don't want the car back, especially after he has been using it as a daily, I want proper payments for the car like agreed on. I would want to take legal action if I can, but I don't have the money to hire an attorney. What can I do?
 
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Did you sign the title over to him? If so your only recourse is to take him to small claims court. If the title is still in your name go take the car back. He isn't going to pay you.... So getting the car back with the chance to sell it to someone else.
 
Did you sign the title over to him? If so your only recourse is to take him to small claims court. If the title is still in your name go take the car back. He isn't going to pay you.... So getting the car back with the chance to sell it to someone else.
 
The car is stI'll yours.
Your best option is likely to go get the car and repossess it.
You can also pay a tow company to do this.
Once you have the car you can try to sell to another buyer, and this time get payment in full.
This person is never going to pay you and does not have the money so it is pointless to sue. Start over.
 
Yes I still have the title. How can I get the car back if I don't have a key? And is there anything I can do for him basically renting my car for 2 weeks or am I just screwed?
 
How can I get the car back if I don't have a key?

Hiring a towing company. They'll tow it. Then you hire a locksmith to make a key. Then you take the car to an appropriate repair shop and pay to change the door locks so he can't come back with his key and take the car.

Then you resell the car for the full amount of CASH IN HAND.

Whatever this deal costs you is your tuition for a life lesson from the school of hard knocks.
 
You can sue and you can win, but that doesn't automatically get you any money. Get the car back before he puts more miles on it, or wrecks it.
 
If you decide you do want to go to court, you will be going with the contract that you wrote. Does it address in detail what will happen if he doesn't pay? In order to put a lien on the title you will have to sign the title over to him. Putting a lien simply means he can't sell the car without your release. It doesn't make it any easier to collect from him, and then you will have to follow proper repossession procedures in order to get the car back.
 
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