ANSWERS: 4
  • were you making payments on the car? Was the title and registration in your name? If the title was in your name, then NO, the former owner cannot take the vehicle for any reason.
  • If you agreed to pay for the automobile, through an agreed arrangement(verbal or written) and you do not honor the agreement, the owner can file a lien on the vehicle and take possession, if after giving you notice of his intentions, through the court.
  • If the sales contract (or your title) provides that the seller has a lien interest in the car until it is paid off, it would not be necessary for there to be a provision in the contract that specifically calls for repossession; the lien itself provides the right. If, however, there is no contractual lien on the car, then no, it cannot be repossessed. The seller could file a lawsuit for a money judgment against the buyer for any amounts owed, but would not have any right to take the car.
  • I DID MAKE PAYMENTS ON THE CAR. MY LAST PAYMENT WAS DUE ON 12/31/2008. WE COULDNT MAKE THE FULL PAYMENT, SO I CALLED HIM AND EXPLAINED THE SITUATION. HE AGREED TO ACCEPT PARTIAL PAYMENT. I WAS OUT OF TOWN, SO HE CAME DOWN TO MY HOUSE AND ENTERED MY PROPERTY WITH A SPARE KEY AND TOOK THE CAR WITHOUT SAYING ANYTHING TO ME. HE RELEASED THE CAR WHEN WE MADE OUR FIRST PAYMENT. HE HELD ONTO THE PICK SLIP. THE CAR IS STILL UNDER HIS NAME. NOW HE WANTS TO KEEP THE CAR AND OUR 9000. HE SENT US A LETTER STATING THAT IF WE DONT PAY HIM THEN HE'LL TAKE IT AS A CANCELLATION. DOES HE HAVE THE RIGHT TO DO THAT. ARE WE ENTITLED TO OUR PAYMENTS.

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