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Sold used car-as is..he is has not pd for 3wks, not answering/or returning calls.

Imperial Beach, CA |

Sold car for 2500 AS IS
He didn't make down pymt originally agreed of 1,000, Said he could pay 500/600 down. Said he would pay off in a short time making 200/300 payments. Was late coming to my home the day to sign contract, He came as I was leaving. The contract didn't get signed. He only had 300 as down pymt. He has not lived up to original payment plan of 200/300 weekly nor being paid off in a short time. Originally I told him to have car paid off by June. I have had to go get the payments from him since the 2nd payment. The last payment he made was on 5/18 for 100 and he brought it to my house with a female with him. He was given an envelope with my Name and PO Box to mail the payments to me. He responded you want me to spend money for a stamp. The female said if best way do it.

Attorney Answers 2

Posted

I'm not sure there is a question here, but I'll assume the question is: what do I do next?
You can take him to small claims court. My guess is that he will not show up. You don't have a written contract, but you do have evidence of a contract: he has the car, you have some money. However, you would still have to enforce the judgment, and that can be time-consuming.
The moral of the story is that it is probably not a good idea to extend credit to someone you don't know, especially without a signed contract.

www.bayoaklaw.com. 510-208-5500. This answer does not create an attorney-client relationship. It is not legal advice, because it is only of a general nature. Please contact a lawyer qualified in your jurisdiction to discuss your situation in confidence, using your factual details. Avvo answers are only general legal responses. Item 9 of Avvo.com's Terms and Conditions are incorporated in this disclaimer as though it were printed here.

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1 lawyer agrees

4 comments

Asker

Posted

he does not have the car. I have the car. Sorry and I issued receipts to him for payments. i meant to ask do I have to abide by continuing the sale when i am not hearing from him as i had other buyers that want the car?

Asker

Posted

Thank you for responding so quickly

Andrew Kevin Jacobson

Andrew Kevin Jacobson

Posted

I'm glad that you kept possession. Since you have the car and some of the money, you can either wait patiently until he does pay, or give him a written deadline to pay in full, and if he doesn't pay you by the deadline, refund what he did pay you, and sell the car to someone else.

Asker

Posted

Thank you for your response, the only place I can give him a written letter is where he works. I do not have his address. I knew him from his place of employment

Posted

If this buyer has your car and has not fully paid for it, it appears you will probably have to sue this buyer in small claims court. In California, you can sue for up to $10,000 in small claims court.

For more information, go to:

http://courts.ca.gov/selfhelp-smallclaims.htm

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult with your own attorney.

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1 comment

Asker

Posted

He does not have the car, I am sorry I did not get the question out as i should have that I need to know how long i have to wait to go ahead and sell the car to another person or if I can