QUESTION
Warrant in Detinue or Warrant in Debt
Asked on Jul 19th, 2013 on Civil Litigation - Virginia
More details to this question:
My husband and I loaned money to buy a truck when their only means of transport died. The couple worked for us at the time. There was no written contract but they gave us the truck title to hold until paid. They only made 3 payments and quit their jobs. I want to take them to small claims but not sure if I sue for the balance owed or for return of the truck.
1 ANSWER
It doesn't sound like they ever signed to give you a lien on the title so you will need to file a warrant in debt, get a judgment, and then levy on the truck to get it sold to satisfy the judgment. Depending upon the value of the truck, and whether there is already a lien on the title, it might not be worthwhile to pursue the truck.
Answered on Jul 22nd, 2013 at 4:32 PM