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When a car is already signed over and only a verbal contract was made how does it get repossessed?


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2004-10-24 12:30:09
2004-10-24 12:30:09

This NC laws from the UCC but it is fairly universal among the states. Notice it says "secured party"? If you are not listed as LIENHOLDER on the title, have no written contract, have not made a UCC filing with the state, how do you show the debtor is in DEFAULT and the collateral should be repossessed? Yes, verbal contracts are upheld IF there is evidence of said verbal contract. PAYMENT RECORDS are the usual way to show that some kind of agreement was being carried out. http://www.ncleg.net/Statutes/GeneralStatutes/HTML/BySection/Chapter_25/GS_25-9-609.html § 25-9-609. Secured party's right to take possession after default. (a)Possession; rendering equipment unusable; disposition on debtor's premises. - After default, a secured party: (1) May take possession of the collateral; and (2) Without removal, may render equipment unusable and dispose of collateral on a debtor's premises under G.S. 25-9-610. (b) Judicial and nonjudicial process. - A secured party may proceed under subsection (a) of this section: (1) Pursuant to judicial process; or (2) Without judicial process, if it proceeds without breach of the peace. (c) Assembly of collateral. - If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party which is reasonably convenient to both parties. (1961, c. 574; 1965, c. 700, s. 1; 1975, c. 862, s. 7; 2000-169, s. 1.)

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A formal contract is written and signed; an informal contract is more likely to be in the form of a verbal agreement.

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Simple answer: There is no such thing. Contracts MUST be written and signed by bothparties to be legally binding. There is an old saying, "A verbal contract is as good as the paper it is written on."

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A contract is valid when there is a meeting of the minds. Once a contract is signed, it cannot be changed unless written as an addendum and signed by all parties concerned. A verbal agreement cannot override a written agreement.

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It will be dependent on the type of contract. Some verbal agreements can be enforced.


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