1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Car buyer won't pay up!

Discussion in 'Small Claims & Municipal Court' started by Tanner Paulson, Jul 23, 2017.

  1. Tanner Paulson

    Tanner Paulson Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Minnesota
    So a little over a month ago I sold my car to this dude I had not known prior to, we had agreed that he would pay $135 each week for about 2 months or so to reach the final debt of $1,350. For the first few weeks he came by and payed as he claimed he would, as of recently he has not been replying me at all on any platform and has about one thousand owed left. I setup a legal contract when selling the car signed by me and him along with two witnesses that were there, I have gotten in contact with some family members and after doing lots and lots of looking found that this guy was not trustable one bit as a high-school drop out and drug addict (none of which you guys care). I don't know where he is now or what he's doing but I know he doesnt plan on paying up and found out he had quit his job near the the disappearance. My question is, who do I contact or what's my best bet/option in getting my money back? Do I contact the police then have them find him? WHAT SHOULD I DO? please please do help if you do have any advise for me! God bless! - Tanner
     
  2. mightymoose

    mightymoose Moderator

    Messages:
    11,201
    Likes Received:
    1,898
    Trophy Points:
    113

    Hopefully you did not sign over the title to him. Do you still have the title to the car?
    If so look into reposessing the vehicle.

    If you did sign over the title, the first thing to do is beat your head against a hard surface several times.

    After that, come to terms with the reality that this deadbeat with no assets is unlikely to be able to pay you with no job and tweaker tendencies.

    You could sue in small claims for what he still owes, but don't waste your time if you know he doesn't have the means to pay.

    Police will not help you with this. It belongs in civil court, not criminal.
     
  3. zddoodah

    zddoodah Well-Known Member

    Messages:
    3,860
    Likes Received:
    925
    Trophy Points:
    113

    Did you turn over the car to this person? Did you sign over title?
     
  4. txls

    txls Well-Known Member

    Messages:
    1,963
    Likes Received:
    272
    Trophy Points:
    83

    You say you set up a legal contract, so what does the contract say about default?
     
  5. adjusterjack

    adjusterjack Super Moderator

    Messages:
    8,030
    Likes Received:
    2,105
    Trophy Points:
    113

    Oh Jeez, another stupid car deal gone wrong.

    I'll wait until OP comes back with the answers.
     
  6. army judge

    army judge Super Moderator

    Messages:
    32,548
    Likes Received:
    4,880
    Trophy Points:
    113

    Too late for this deal, OP, but never release the item until you have been paid in full in GENUINE UNITED STATES CURRENCY.

    Buy yourself a counterfeit checking pen to substantiate your observations about EACH bill received.

    Never sell anything to anyone on credit.

    You aren't a bank, and you probably don't want to be stiffed.
     
  7. Tanner Paulson

    Tanner Paulson Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    Title is signed over yes, I had to get insurance out of my name so I wasn't paying for 2 cars Insurance.. Shouldve done more research first. How do I go about sueing in a small claim? And i don't even know where he's at so how can I?
     
  8. Tanner Paulson

    Tanner Paulson Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    Default? Not sure I follow.. On the contract has stated that additional $50 is added for every missed payment
     
  9. Tanner Paulson

    Tanner Paulson Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    Title is signed over yes, I had to get insurance out of my name so I wasn't paying for 2 cars Insurance.. Shouldve done more research first. How do I go about sueing in a small claim? And i don't even know where he's at so how can I?
     
  10. Tanner Paulson

    Tanner Paulson Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    "OP"?
     
  11. army judge

    army judge Super Moderator

    Messages:
    32,548
    Likes Received:
    4,880
    Trophy Points:
    113

    OP = original poster, that would be YOU, mate....
     
  12. txls

    txls Well-Known Member

    Messages:
    1,963
    Likes Received:
    272
    Trophy Points:
    83

    You're pretty much out of luck. You can sue him in small claims court and get a judgment, but if you don't know where he is and he isn't working, you won't be able to collect any judgment you might get.
     
  13. zddoodah

    zddoodah Well-Known Member

    Messages:
    3,860
    Likes Received:
    925
    Trophy Points:
    113

    Ok, so getting back to your original questions:

    The car belongs to the buyer, so the police won't get involved. Your only recourse is to sue in small claims court. You can hire a private investigator to try and find him.

    Google something like "Minnesota small claims court how to." You'll have to locate the buyer in order to serve him, so you'll have to make some effort in that regard. Hard to believe you signed over title (which would have required you to sign a document that contains both his name and address) but don't know where he is. At the end of the day, however, this may turn out to be an expensive lesson about obtaining and keeping proper information and documentation about persons who owe you money.

    "Default" is the failure of a person to perform according to the terms of a contract. A $50 per missed payment charge isn't going to be enforceable.
     
  14. mightymoose

    mightymoose Moderator

    Messages:
    11,201
    Likes Received:
    1,898
    Trophy Points:
    113

    At this pint you need to decide if the amount owed is worth the trouble of pursuing in court, knowing that the person you sue likely does not have the money to pay you back even if you win.
    If you do sue and get a judgment you could potentially put a lien on property that he owns, but even then you wouldn't get paid unless that property was sold.
    If the time and effort is worth it to you then go for it, otherwise suck up the loss and move on.

    Had you not signed over the title you would have still been the owner and could recover the car. Better to sell to someone with cash in hand then to someone who offers to gladly pay Tuesday for the hamburger you give them today.... Which coincidentally is Tuesday...
     
  15. adjusterjack

    adjusterjack Super Moderator

    Messages:
    8,030
    Likes Received:
    2,105
    Trophy Points:
    113

    Then I'd gladly pay you Thursday for a hamburger today.
     
  16. adjusterjack

    adjusterjack Super Moderator

    Messages:
    8,030
    Likes Received:
    2,105
    Trophy Points:
    113

    Count your blessings. A guy on another site wrote that he sold a boat for $20,000, collected about $1600 over an 8 month period, the buyer moved across the country, the boat got repossessed because he (the borrower/seller) relied on the buyer to make the payments and didn't.

    Now the seller is on the hook for the loan, has trashed credit, no boat, and (of course) is faced with the cost of going cross country to sue a deadbeat who was happy to find a sucker to sell him a $20,000 boat for $1600 and would probably never pay the judgment anyway.

    Tanner, I agree with MM. Suck up the loss and move on. This is nobody's fault but your own. These deals are doomed the moment you make them.
     
  17. mightymoose

    mightymoose Moderator

    Messages:
    11,201
    Likes Received:
    1,898
    Trophy Points:
    113

    No deal.
     
  18. adjusterjack

    adjusterjack Super Moderator

    Messages:
    8,030
    Likes Received:
    2,105
    Trophy Points:
    113

  19. Tanner Paulson

    Tanner Paulson Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    Yes title is his
    I setup a leg contract
     
  20. adjusterjack

    adjusterjack Super Moderator

    Messages:
    8,030
    Likes Received:
    2,105
    Trophy Points:
    113

    Bummer.

    Contracts are only as good as the people who sign them and the ease with which they can be enforced.

    You seem to have lost on both counts.
     

Share This Page