Legal Question in Civil Litigation in Illinois

I sold a car to a friend of mine for 3,300 in the end of November, early December. She paid the first 2,200 relativity quickly, and wanted to know if I could transfer the car to her before she got the other 1,100, as she needed a vehicle. Considering tax time was coming up and she was quick to pay the first portion I said sure. But she had yet to pay me, about 8 months later. Lots of reasons why etc. To make a long story short she said she won't be able to have any money at all, till at least august. But even then, given her situation I am really unsure if she will have much if any money by then, let alone enough to pay me, even by the end of the year.

I was wondering what legal action I could take? I figured I could sue, and possibly garnish wages etc. But could I sue for the car? Or something alone those lines, as if she doesn't have the money and may never at the current rate, what good does suing do me?

Thanks!


Asked on 6/09/10, 9:45 am

2 Answers from Attorneys

Unless you took a lien against the car title, the most you have is a broken promise to pay. This would mean a simple lawsuit, small claims, with filing fees, etc. if you did it pro se, and additional fees if you win and she still doesn't pay, to garnish, etc.

But there are facts you have not given that could be crucial to your case. You say you sold it for $3,300, but you do not state what if any paperwork you have to verify that's the agreed price, or what the terms were (as is, etc.). You don't even say whether the $2,200 was "payment on account" that would lead a person to believe more was to be paid. If you can't prove the price was more than what you already got, you've given up title on a "verbal" (oral promise) and if she says the price was $2,200, what do you have to prove it was more?

And if you get a judgment and she doesn't have the money at that time, you would file a general judgment lien against her name -- then not only do you ding her credit rating but if she ever tries to get credit it should show up with a credit check and she may be denied credit unless she comes clean with you. It can take years, and after a period of time they go stale and you have to "renew" them through a new lawsuit. And if she moves out of state, well, that's yet another possibility.

In the end without an attorney you can easily spend $500 chasing the $1,100 to judgment and maybe event partial collection. And that does include a bit of your own time to go to court, etc.

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Answered on 6/09/10, 1:52 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

You will ahve to file small claims and prove your case. Assuming that you do, you can start post judgment proceedings and may be able to obtain a turn over order for the car or any other asset that she may have, assuming that she does not have exemptions available to her. Good luck

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Answered on 6/10/10, 5:32 am


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