QUESTION

Do I have a right to reposes a vehicle I sold of payments aren't made on the day listed on a contract

Asked on Sep 21st, 2016 on Breach of Contract - North Dakota
More details to this question:
I sold a car to a person on a payment plan. I wrote up a contract and have emails saying he agreed with the contract. I had it motorized at my bank while we signed it. He is now paying whenever he wants not following our contract. Do I have any rights to reposes the vehicle or will I be the one getting in trouble and also if I sue in small claims court is there any chance I'll actually get any money out of him or will he just refuse to pay them also? He lives in Minnesota and I live in North Dakota if that matters. Also do lawyers do anything where I pay some money down and then they agree that I pay out of my settlement?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
A lot of questions here. First, unless your contract says you can, you can't repossess until a court award you judgment and you employ the proper procedures.  You've written  your side, but the Court would have to hear both sides before deciding who is in the right. Second, while you would have remedies which would allow you to collect on any court judgment (including garnishing his wages, selling his assets, etc.), small claims courts generally don't have jurisdiction over people living out of state, although you should check with your local small claims court to make sure.  You will probably have to sue him in your states' court of general jurisdiction, which will probably involve paying some court fees (since he purchased goods in North Dakota and the suit arises out of that sale, I believe, unless there are facts of which I"m unaware, that North Dakota courts would have jurisdiction over the case, but it could be an issue; you might have to sue him in MInnesota). Third, some lawyers do take cases on contingency where they are paid a percentage of what they collect for you.  You should contact some lawyers specializing in collections and see if they would handle your case on that basis. Fourth, just a pet peeve.  A settlement is a voluntary agreement between all parties to a dispute to settle it.  You can't force someone to settle a case if they aren't willing to, and there is absolutely no guarantee that you will be able to settle this case.  You may have to take it all the way through trial and judgment    
Answered on Sep 22nd, 2016 at 3:41 PM

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