is there any lawyer on pregly thank you for the advice. we got our car back safely.

stephforever89

Ok my hubby sold his car to a friend. My husband made up a contract stating if defaults on the payments we have the right to take back our car and sale for the remaining balance. Well needless to say the guy is 2 mths behind. And we need to pay our bills and buy somethings for the baby. The title is still in my husbands name. We have contract notrized ans signed by witness, notry, buyer , seller. So can we legally take our car back? My husband is scared he going to get charged for auto theft.

blueberrysmom

Call the police and ask.

stephforever89

Ok thank you. we made sure we had the guy lockdown with a contract. I didn't want my husband to get in trouble whether its tresspassing or taking what is his. My husband is wanting to get his car back before he hides it or junks it. @sophiasmom11

stephforever89

@blueberrysmom my husband was going to see if his cousin would go with. But he is off duty. He didn't want to bother him since his daughter is sick. His cousin is cop in our small little town. I told him to go up to the only two places cops like to sit in our small town. He wanted to call 911 but I told him no since its not technically emerg. Lol

librababii

im not an attorney but i would assume that if the title is still under ur name, than if anything, the 'friend' would get charged with theft! not ur man...u can take this 2 the small claims court...dont call the cops cuz then ull prolly get in trouble 4 calling the cops when its not an emergency...maybe ask this question on yahoo answers under the right category...

stephforever89

My husband got two opinons just now one from the lady cop saying wait until Monday and talk to civil mastrat. (<- misspelled ). then he found couple of male Cops standing outside the station talking. they said go get the car if he has any troubles to call they will help. They also gave him this number to call so he won't get in trouble. So I think we should be fine. The cops said it was similar to buy here pay here deal. Thank you
@librababii

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Mrs4c

good luck and be safe!!! )))

Mimii36

Yes..if you are the leinholder then you can take it back. Its just like if you were a car lot.

TwinMamaToBe

The cops wouldn't get involved they consider it a civil matter. Hope you have spare keys because if he doesn't want to give you the keys again its a civil matter so its almost a double edge sword.

sara102011

I was kinda in the same situation. We had a contract with this guy saying we would pay off our car by the end if march. Well mid march he came and took the car from my husband at work. My husband called the police and the previous owner could've beeb arrested fir grand theft auto but he brought back the car. We couldve still pressed charges but he took off the remaining balance so we wouldn't. But he also could've gotten in trouble for not signing over the title ti us when we made our first payment. So i think that if you had a contract you can take it. But make sure that its very specific and you aren't doin it to early

stephforever89

@twinmamatobe yea we had spare key. We made sure we weren't setting ourselves up to get screwed to badly.
@sara102011 our contract was very specfic . My husband even read it to him like a 5 yr old. The only thing he made was a down payment. We gave him 2 mths to get current . after 2 mths he defaults all rights on the car and previous payments. When we got the car it was trashed, there was a system in the car, new radio. I'm sry if you have the money for that stuff then he hass the money to put towards a payment. Not to mention he changed the blow off value, which the one before was fine, bought a extra set of rims. He never notified us to let us know hey I didn't get paid but..... . But we r going to talk to someone that does claims court and ask them how soon we can sell it. we really can't get behind on our bills because of him. Oh the cops were really nice after they heard the guy threaten my husbands life. And they kept eye on our house since he communcated threats. The guy lives a street over so they were little worried he might try something. But its all good he ain't getting the car back in less he makes it current and pays the rest off in full.

sara102011

I'm glad it all worked out for you: )