I bought a vehicle private sale in November cash and our agreement was the money was to go directly to satisfying the lien so that I can register and title the vehicle free and clear. The agreement is stated on the terms and conditions of the bill of sale which she signed. The vehicle information (i.e registration, insurance, etc.) is still in her name as I am still waiting for the lien release and title from the bank. I have been contacting her several times a day for the last 2 months and everytime we set a time and place to meet, she has an excuse not being home or doesn't answer. She apparently bought another vehicle as well. Can taking her to court resolve the issue of her satisfying the lien so that the vehicle and be properly titled and registered in my name free and clear?
Taking her to court is time consuming and it will only result in a judgment. If she does not have money to satisfy the judgment you will be out of luck. I suggest that you call the police. Hopefully they will contact her and she will know that you are serious.
There is no good remedy for your situation. The best course in a purchase situation like you described is for you both to go to the bank with the seller having already signed the title and when you then pay off the lien you get the satisfaction piece on the spot. However, since you are on the short end of the stick you only have a couple of remedies. In most cases the police will tell you "It is a civil matter" and not do anything. However, calling them might work for you. Taking her to small claims court should get you a judgment which you can then have the sheriff execute. The Sheriff can then seize and sell her car. You will have to pay the Sheriff fees which can amount to a good sum of money but most likely she will pay you off before that happens. Good luck.
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I agree with the 2 earlier answers. One other option is that the Attorney General's office might be of assistance.
My answer to your question is for general purposes only and does not establish an attorney-client relationship,
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