Legal Question in Credit and Debt Law in Massachusetts

breach of contract/check fraud?

I sold my car to a ''friend'' for an

initial down payment of $1000 and

agreed to receive payments of $250

every other week. I kept my name

on the title as a lien holder and still

have the title. I have since moved to

Arizona and immediately had

problems. before leaving, she gave

me all of the payments in the form

of post-dated checks. i received 2

payments before leaving, but the

first check i deposited after moving

bounced. every other check has

since bounced and she has refused

all contact with me. i have several

different charges from both my bank

and credit card accounts because of

this. i kept one key as a security

measure and have family that i trust

to act on my behalf. how can i

resolve this issue? i have already

tried to convince her to resolve this

issue reasonably, but i am beyond

frustration and months of

aggravation are building up. can i go

after her for check fraud, breach of

contract (which we both signed and

she admitted to losing), or repo my

former car?


Asked on 4/16/07, 5:06 pm

1 Answer from Attorneys

Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: breach of contract/check fraud?

Probably all three remedies are available to you. If you have not transferred title to the car to her, and she has not paid to receive title to or the right to possess it, its still yours. If the title is in her name, don't try to repossess.

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Answered on 4/16/07, 5:21 pm


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