Im an idiot, do I have any options?

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  • fordmanchris

    Marksman
    Rating - 100%
    5   0   0
    Oct 19, 2008
    274
    18
    Westfield
    Trying to help someone out screwed me again. Before I begin please dont tell me im an idiot or anything because I already know. Im just looking for any advice.

    I was trying to help a family out that had a newborn and was driving around in an extremely unsafe vehicle and they desperately needed a decent vehicle and I was selling one so I let them have buy it on payments. The guy had his problems but overall seemed nice for the year and a half I have come to know him. He swore up and down and gave me his word that he wouldnt jerk me around since I have a newborn and toddler and we are hurting for money as well like most are nowdays.

    I did have him sign an agreement saying he was paying me on it, but I gave him the title so that he could get it plated and drive it(I know, I know).

    since the first week he started giving excuses and not paying on time and now im not sure, but I think he has moved from where he was staying and he wont answer my texts or calls.
    He owes me $1500, but has only paid me $300 thus far. We really need the money or the Jeep back so I can sell it.

    At this point did I screw myself or can I get a lein or something on it? I hate to leave them without a vehicle even though im pissed, but I have to have the money or something. I hate to go to court over something like that if I even could, but I need to do something if I can.

    I know how hard it can get so I tried to help, and it wouldnt be a big deal if he said "hey I need more time" or gave me an honest timeframe, but he wont even respond to me.

    thanks for any help or advice anyone can give.
     

    SSGSAD

    Grandmaster
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    14   0   0
    Dec 22, 2009
    12,404
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    Town of 900 miles
    You, should have put the title JOINT, in BOTH of your names..... I don't know how this will work out, but the old saying, Possession, is 9/10 of the law.... and the title is in HIS name .....
     

    churchmouse

    I still care....Really
    Emeritus
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    187   0   0
    Dec 7, 2011
    191,809
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    Speedway area
    So many mistake kindness for weakness these days. You were kind so they took you. Period. If he did not have any money how could he pay you. I know how soft we all get when kids are conserned but never let anyone have a vehicle with out paying first. If you did not get the agreement notarized and witnessed you are probably screwed and he is riding free.

    You did yourself in when you did not put a lien on the title. Anyone can do it at the time of transfer. You are screwed.

    You are also a very nice person.
     

    SEIndSAM

    Grandmaster
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    48   0   0
    May 14, 2011
    111,126
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    Ripley County
    You can take it to small claims, but I would be surprised if you could collect on any judgement. Sorry, but it sounds like your screwed.

    Since you let him retitle it, even if you had a key and repossessed it, the Jeep is his now.
     

    printcraft

    INGO Clown
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    16   0   0
    Feb 14, 2008
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    Small claims court. Hope for the best.

    Edit, nice guys finish last. Been there. I've become more surly with time.

    Good news is it's a jeep so it will probably break down on him soon and you will get the last laugh............. :D :flamethrower:
     

    deanald2pt0

    Sharpshooter
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    27   0   0
    Apr 29, 2011
    397
    18
    NW Indy
    I'm no lawyer, but you might be able to take him to small claims court to recoup part of the money? I'm not sure how not having a signed agreement will affect that. Of course, even if they rule in your favor, that is no guarantee you'd see money in a timely fashion if ever.
     

    BehindBlueI's

    Grandmaster
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    29   0   0
    Oct 3, 2012
    26,608
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    You are most likely going to have to go through small claims court, as at this point what you have is the failure to honor the contract. Signing the title over to him without listing yourself as a lien holder drastically limits your options.
     

    GodFearinGunTotin

    Super Moderator
    Staff member
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    1   0   0
    Mar 22, 2011
    52,057
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    Mitchell
    So many mistake kindness for weakness these days. You were kind so they took you. Period. If he did not have any money how could he pay you. I know how soft we all get when kids are conserned but never let anyone have a vehicle with out paying first. If you did not get the agreement notarized and witnessed you are probably screwed and he is riding free.

    You did yourself in when you did not put a lien on the title. Anyone can do it at the time of transfer. You are screwed.

    You are also a very nice person.

    I think ^^^^^^^^^ is right. That sucks dude.
     

    fordmanchris

    Marksman
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    5   0   0
    Oct 19, 2008
    274
    18
    Westfield
    thanks for the responses everyone, I kinda figured Im probably screwed. I guess I will keep trying to get ahold of him and hope at some point he answers. I do have a spare key for it, but since he has the title that would probably be considered stealing if I took it and I definately dont want that.
     

    joncon

    Sharpshooter
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    23   0   0
    Mar 30, 2013
    705
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    Bartholomew County
    You could have put the title in his name and had a lien on it in your name. You don't have to be a dealer to put a lien on a title. With a clear title in his name you're most likely screwed. You might take the agreement he signed to a lawyer and have him look at it to see if you have any recourse. Good luck.
     

    printcraft

    INGO Clown
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    Feb 14, 2008
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    You could have put the title in his name and had a lien on it in your name. You don't have to be a dealer to put a lien on a title. With a clear title in his name you're most likely screwed. You might take the agreement he signed to a lawyer and have him look at it to see if you have any recourse. Good luck.


    If you can find a friendly neighborhood attorney or one in the family who will do it for free yeah.
    A retainer for the attorney would eat up that $1500 pretty quickly.
     

    UncleMike

    Grandmaster
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    0   0   0
    Dec 30, 2009
    7,454
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    NE area of IN
    thanks for the responses everyone, I kinda figured Im probably screwed. I guess I will keep trying to get ahold of him and hope at some point he answers. I do have a spare key for it, but since he has the title that would probably be considered stealing if I took it and I definately dont want that.
    "It shows you, sooner or later, you must answer for every good deed."
    Calvera (Magnificent Seven)
     

    Fargo

    Grandmaster
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    13   0   0
    Mar 11, 2009
    7,575
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    In a state of acute Pork-i-docis
    It sounds like you have an unsecured contract; you don't have the normal recourse of repossession etc that you normally have in a secured loan etc. You can take him to small claims and get a judgment, enforcing it though is often a problem unless he has wages you can garnish. Since the contract appears unsecured, it seems unlikely you can regain ownership of the jeep.

    Not legal advice, just my thoughts based on what you posted.

    Best,

    Joe
     

    Harleyrider_50

    Shooter
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    10   0   0
    Nov 19, 2010
    3,094
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    So. Indiana
    thanks for the responses everyone, I kinda figured Im probably screwed. I guess I will keep trying to get ahold of him and hope at some point he answers. I do have a spare key for it, but since he has the title that would probably be considered stealing if I took it and I definately dont want that.

    :yesway:......Yup......put'a 'chek' on'a x'perience list an' kiss it g'bye.....If ya sign'd the title over......it's HIS......be yer word 'against his that ya ever got paid......

    'Far's have'n a key ......?.......at this point......if ya took it......it'd be 'grand theft'......felony,b'lieve.....:dunno:


    ONE good thing.......ya can always hope it breaks his azz up in fuel......cuzzz......they some gas-guzzle'n SOB's,hahahaha....:):
     

    MikeDVB

    Grandmaster
    Rating - 100%
    7   0   0
    Mar 9, 2012
    8,688
    63
    Morgan County
    Why would you not make yourself a lienholder on the title so, in this instance, you could at least have a legal leg to stand on?

    That said - I've been burnt in the past to the tune of a few thousand dollars for trusting people I thought I could trust... Live and learn - it sucks.
     

    mbills2223

    Eternal Shooter
    Rating - 100%
    3   0   0
    Dec 16, 2011
    20,138
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    Indy
    :yesway:......Yup......put'a 'chek' on'a x'perience list an' kiss it g'bye.....If ya sign'd the title over......it's HIS......be yer word 'against his that ya ever got paid......

    'Far's have'n a key ......?.......at this point......if ya took it......it'd be 'grand theft'......felony,b'lieve.....:dunno:



    ONE good thing.......ya can always hope it breaks his azz up in fuel......cuzzz......they some gas-guzzle'n SOB's,hahahaha....:):

    I sincerely struggle to read your posts...
     

    giovani

    Expert
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    0   0   0
    Feb 8, 2012
    1,303
    38
    You could go over to his house some night and crawl under and cut the fuel pump wire, after a week try again to get ahold of him, the jeep will be worth a lot less to him if it won't run and he has no money to fix it.
     
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