We sold our truck to a guy and put a lien on the truck so he can make $200 payments every other week til it was paid off. For the first month everything was good making payments on time driving the truck back and forth to work, and then all the sudden he drove it to TN where he I guess lives and he claimed the motor blew up. He has yet to show us proof that the truck is blown. Meanwhile he is was a month and a half late on his payments so he was about 3 payments behind, he finally sent us a money gram for only $50 and said he would pay the rest of the payment when he got paid, it has now been about two weeks since he was supposed to pay again, he missed another payment and was supposed to pay us yesterday for the payment he just missed, I haven't been able to get ahold of him he will not respond to me. On top of that he claims he took the truck to the shop and he has 30 days to pay the shop or they are gonna put a mechanic lien on it and take the lien from us and then send us a bill for the truck, so I asked him for the shops name and number so we can call them and he refused to give me the info and said it was none of my business. Then he continued to say that the truck isn't even at a shop its at his fathers house and he yet to show proof if his father is a licensed mechanic. My question is what is the best way for us to approach this situation to either get the vehicle back and if we received it back would he be entitled to fix the motor? Or to get what he owes us?
1 Answer from Attorneys
As you have found out, one NEVER sells cars to individuals for payments. That almost always goes wrong.
Hopefully you did two things - one was to transfer title properly and put a lien on the car and hold that title, and the other was to have a lawyer draw up a contract that gives you the right to repossess, sell the car, and sue. If you didn't you are in a huge mess. In any event, take that contract to the lawyer who wrote it and evaluate if the fees you will pay him justify the costs and legal fees you will incur.