Legal Question in Business Law in Washington

Collecting money from a commercial vehicles sale not paid.

Hello, I am a single mother of adopted 3 yr old twins and foster mother for Drug addicted babys. I live in Ca. He lives in Wa. I ran a small trucking business with 3 trucks. I had to sell them. He used to be a driver for me. I sold him one of my commercial vehicle. This person (who was a friend) was paying me very slowly and stopped. the vehicle was new and I sold it to him for $100,000 and 5% inte. He told me ''do you want your truck back or get off my back.'' I told him I want the truck back. For 10 months he owed me $10,000 and only paid me $4,000 of it. If he bought it through the dealer the payments would have been $2,200 a month because that is what I was paying and I refinanced my home to pay it off. I am getting close to loosing my home.

I don't know what the condition it is in. The contract was exact on the return condition. Can I collect the remaining money for the time that he was using and making money with my truck. Also, he will owe me for repairs and damages. Can I collect that.

He knows I was a victim of spousal abuse for 24 years and I think this is one of his reasons for trying to get the best of me. I'm still not certain he will even return the truck. I gave him until April 1st. Can you advise me?


Asked on 3/10/06, 10:49 pm

1 Answer from Attorneys
Daniel Harrison Berger Harrison, APC

Re: Collecting money from a commercial vehicles sale not paid.

I would obviously like to review the contract first, but generally, you would be entitled to the back payments. In addition, since you are getting the truck back, you would generally be entitled to the benefit of the contract, meaning that you would be entitled to the difference between the amount you would have received under the contract (adjusted to present value) minus the fair market value of the truck upon its return.

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Answered on 3/10/06, 10:57 pm


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