Legal Question in Credit and Debt Law in California

No date on contract, can I still repossess?

Sold friend a horse & just realized there is no date on contract (written in 2003) She has made a total of 4 cash only payments over 3 years (agreed on 150.00 a month)gives stories that husband is overseas now and can't pay but just bought new truck when he came home. I have requested check by mail or money orders and she avoids my calls/letters. Can I sue or repossess the horse? What are my limitations? Last payment was March of 2004.

Thank you for any help, tired of being the nice guy and want this out of my hair.


Asked on 3/02/06, 11:39 pm

2 Answers from Attorneys
Matthew Mickelson Law Offices of Matthew C. Mickelson

Re: No date on contract, can I still repossess?

It's doubtful you'll be able to repossess, unless the contract states that you can do so. You'll probably have to go to court. How much money is at stake? If it's under $7500, you should go to small claims.

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Answered on 3/03/06, 1:19 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: No date on contract, can I still repossess?

You cannot repossess the horse unless the contract gives you a security interest. You should have the entire contract reviewed by a local attonrey to give you a better picture of your rights.

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Answered on 3/02/06, 11:51 pm


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