QUESTION
Can l repossess a vehicle after winning a judgement for delinquent payments in small claimsnt
Asked on Feb 15th, 2021 on Breach of Contract - Missouri
More details to this question:
On May of 2020 to an unmarried couple with both listed on purchase agreement with 10 monthly consecutive payments beginning June 01 2020 of $270. As of today Feb 15 2021 l have received l received on payment in mid August. So in my small claims case l asked for delinquent payments plus return of vehicle. The judge informed that l was eligible for the payments. So if l file a case in civil court could l be entitled to vehicle? Ty
1 ANSWER
Hello,
It appears you already filed a small claims lawsuit for breach of contract on a purchase of a vehicle. But you do not say how much is owed.
Small Claims courts limit the amount in dispute to $5,000.00 . And you waive any claim for any sum in excess of $5,000.00 in your current small claims lawsuit and also in any subsequent legal proceeding involving the same parties and issues. Here is the Missouri law that decides how much you can recover in Small Claims court: Mo. Ann. Stat. § 482.315.
Since you are seeking the possession of specific personal property, the return of a vehicle, you really need to consult an attorney for advice for filing an action for return of personal property, which is called a replevin. This type of lawsuit is filed in another type of court. Otherwise, if you do not explore all your legal options beyond Small Claims court you may be losing valuable legal rights.
This answer should should not constitute and be considered legal advise but general legal information and should also not constitute an agreement to enter into an attorney/client relationship.
Answered on Feb 15th, 2021 at 3:28 PM