Tried to help and got ripped off

L

ladytographer

New Member
Jurisdiction
Texas
Last year, I sold my house and was downsizing everything. I had a 1998 Dodge 4x4 to get rid of. A man came to look at some stuff and said his 18 year old son would love it for a graduation gift but he couldn't afford it at the moment. A couple of weeks later, his son contacted us and after speaking for several days, he came out to look at it. After quite a bit of talking it over with him, I was stupid enough to lethimtakeit on contract payments. Signed the agreement with Himalayas got the down payment. He made one payment, changed his phone number and job. I know where the truck is but he changed the cab so the vin is only on the body. I still have the title.
I trusted this man and his son and they used that trust against me. The son was only 17. I realize my mistakes now that it's too late. But... is there any way to get my truck back or make him finish paying me for it? Thank you.
 
Highwayman said:
If you have the title then it's your vehicle. File a report with your local police department.
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They said I would have to send a certified letter and if answered, they would look into it. If not answered, wait 30 days and then re-send it and after another 30 days, then they might look in to it. But it would all have to be done in the precinct where he lived at the time, not where I live. Sigh. Thank you.
 
Well you have to play by their rules if you want them to deal with it.

Maybe if the other party finds out that the police are involved they will be motivated to "do the right thing".
 
ladytographer said:
But... is there any way to get my truck back or make him finish paying me for it?
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With all due respect to Highwayman, this is not theft, it's breach of contract (a civil matter) and the police aren't likely to touch it, no matter what kind of stories they are telling you.

Whether you have the right to take the truck back depends on the terms and conditions of your contract. Basically, if your contract didn't specify that the truck was collateral and subject to repossession upon default then, no, you have no legal right to just go get it, you'll have to just sue the buyer for breach of contract.

Worse, if your contract doesn't specify that the balance is payable in full upon default, then you can only sue for any periodic payments he hasn't made to date.

Worse worse, a contract with a minor may be repudiated by the minor at any time during his minority or within a reasonable amount of time after reaching the age of majority. If your buyer repudiates the contract, he gets to return the property to you AS IS and gets back whatever money he paid you.
 
I appreciate the input and just saying that we have handled similar situations here as larcenies. Of course, that's here and the circumstances not exactly the same.
 
Thanks for the help. I was looking his name up just out of curiosity and he's in trouble with the law. He's going to be charged with felony larceny and tried as an adult. Would that help me? Thanks!
 
ladytographer said:
Would that help me?
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No.

You could volunteer to be a negative character witness at his sentencing, but that's about it.

I've explained the laws of man to you now I'll explain the law of the jungle. If you still have a key or can get a towing service to cooperate with you, go get your truck. That's not legal advice and you do it at your own risk but if this guy is is in the middle of criminal prosecution he might not have the time to pay attention to you.

Once you have the truck I strongly suggest you sent him a money order for the money he paid you. Yeah, you may be entitled to keep it under contract law (if he doesn't think to repudiate) but, let's face it, once he has it, he's not likely to bother coming after you, and you certainly don't want a criminal coming after you. Right?

Park the truck in a garage for a couple of months to make sure the whole thing blows over.

Then resell it, get the whole sale price at time of sale, no sob stories, no deposits, no payments, make two copies of an AS IS bill of sale, both copies signed by both of you, YOU put the buyer's name in the buyer's section of the title (to avoid title jumping), make a copy of both sides of the fully executed title (you've got a phone that takes pictures), and immediately notify the DMV of the sale. If you can do that on line, take a dated screen shot of the notification and confirmation. Put copies of all the documents in a safe place (or on your computer) and keep them in your permanent records.

That's how I sell a vehicle. That's how you should, too.
 

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