What type of notice do I have to give before I repo a vehicle for non-payment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What type of notice do I have to give before I repo a vehicle for non-payment?
Sold ambulance to acquaintance and signed contract I bought on-line. He paid the down payment, was late on first payment and it was short $1000. It’s been 2months since I’ve heard from this guy and I have received no more payments. I want to take him to court to get payment in full. I do not want ambulance back. Balance owed is $46,500. How do I go about taking him to court?
Asked on April 18, 2011 under Bankruptcy Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Repossession laws differ from state to state. Some states now allow you to repossess a vehicle after a party has missed only one payment and without notice, but I would not do that here as of yet. The contract you bought on line may or may not conform to state standards on the matter. So I would read the contract carefully to see what it says and research your state laws. You always have the right to sue for the breach of the contract and for payment, but you may indeed get the ambulance back if that is the only relief the court can give you (repossession is the same result anyway). Now, the amount of the contract exceeds small claims court so if you are going to sue him for breach of the entire contract (and it depends if the contract allows for this) then you will need to start a full fledged law suit in state court. If you sue for each payment as it comes due (which you can do) then small claims may be your venue. I would have someone read the agreement for you. Good luck.
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.