What to do if I sold my vehicle to an individual and we agreed on $3000 for the sale price but he has defaulted on all payments?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I sold my vehicle to an individual and we agreed on $3000 for the sale price but he has defaulted on all payments?

He has not given me a penny. I completed the bill of sale right before i deployed to afghanistan. Sense then he has transferred the title into his name. Ive given him multiple chances to make payments and im in the process of filling out the paperwork to take him to court. The issue im having now is serving him the papers. He is nowhere to be found. He is also in the military and is currently AWOL and on the run. He is not at the address that he put down on the bill of sale. What options do I have.

Asked on November 18, 2012 under Bankruptcy Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As a practical matter, you may not have any options: if you can'lt locate someone to serve them, you can't institute a lawsuit, which means you can't get a judgment against him--which in turn means that unless you had kept a security interest in the car, the way dealers do when they finance vehicles, you could not repossess it (even if you located it). Furthermore, from what you describe, even if you locate him, he may not have any money or assets which you could reach. And finally, there are laws designed to protect service people from lawsuits while on deployment that he may be able to exploit to dismiss any suit you did file, despite his currently being AWOL.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption