I sold my car to a friend and she paid half of the agreed amount. We had a written contract stating how much she would pay and when she would pay. She allowed my daughter and her husband to live with her. She fills that they should have paid her to live there, because they moved and didn't pay her she will not pay me the remainder owed on the car.
Her contractual obligation to pay you and her landlord-tenant situation with your daughter and son-in-law are distinct issues. Demand that she pay the balance owed. If she fails to pay, sue her. If the amount is less than $10,000, you can take your small claim to justice court and without counsel.
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Your right to recover damages and her defenses to paying them are going to be controlled by the written contract and not by anything outside of it. You asked about getting the car. Unless you have a valid lien on the car and that lien is on the title, you cannot take the car. If you never transferred title to the car to her then you are the owner of the car. Even then you cannot take the car if you have to go onto her property to get it. You can sue her in Justice of the Peace court if the balance owed is under $10,000. But, that will only result in a judgment even if you win. The judge does not reach down and take money out of her purse. You then have to seize non-exempt assets and have then sold to satisfy the judgment. Problem is, the car is an exempt asset if titled in her name.
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