QUESTION
I recently sold a car under a lien agreement & the buyer has no intention of paying. I would like to recover the amount owed or vehicle.
Asked on May 01st, 2012 on Breach of Contract - Virginia
More details to this question:
I have a signed contract which states that the vehicle is sold "As IS", stiupulates exactly when the payments are do and discusses the implications of a breach in contract. I want to repo the car if possible and really need to know how to do that in the state of VA. I have the title and it list me as the lien holder. DMV advised that I can change the title immediately to show just my name and remove his. That way I will be able to repo it but I am unsure as to the necessary steps to achieve this. The courts have advised to file a certain suit against the buyer which will allow a sheriff to serve him papers to either return the car or pay the money. I just want a simple but "win-win" approach. I would prefer to not drag this out in court but it may come to that. Does the buyer have any rights here?
1 ANSWER
1 Award
You probably need to file a warrant in detinue, which requires return of the specific property or payment of its fair market value. If he won't return the car to you, this is likely going to be your best option.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
Answered on May 03rd, 2012 at 2:53 PM