Asked in Cars & VehiclesRepossessionBusiness PlansBusiness Law
Business and sold a guy a car he took the car and never paid Can i repo his car and how do i go about doing that?
September 08, 2007 1:15AM
First: no, you may not "repo" the car, because you do not have a "security interest" and "security agreement" which gives you permission to do that.
Second: if the buyer "took the car" without paying, it could be a criminal offense (theft, theft by deception, etc) and you can file a police report and let them get it back for you.
Third: if the buyer simply didn't make the payments as agreed, and you don't have a repo right in your loan agreement, and they won't give the car back voluntarily, then you must seek permission of a court (judge) to request the local constable/sheriff/police to take the car back and return it to you as a breach of contract, or as fraud, or whatever your lawyer tells you your facts will support as a claim.
Attempting to "repo" a car without an agreement is called "self-help" and will get you arrested if not shot and sued. Of course, you have a counterclaim for the value of the car that was taken from you and any expenses it costs you to get it back.