If I sold a vehicle and I carry the paper but the buyer has violated our agreement, can I re-possess he vehicle on my own without law enforcement involvement?

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If I sold a vehicle and I carry the paper but the buyer has violated our agreement, can I re-possess he vehicle on my own without law enforcement involvement?

We have a written agreement signed by both with payment dates and amount. I am on the title as the lien holder. Some of his payments have been by check and some in cash but he has also missed some payments. I have not issued receipts for payments.

Asked on June 7, 2012 under Business Law, Nevada

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not you can repossess a vehicle that you have a lien on with respect to the sale that you made and where you are being paid over time by the buyer depends upon whether or not your agreement with the buyer allows you to repossess the vehicle upon default of the loan.

If the agreement that you have does not say anything about being able to repossess the car in the event of a default on the loan, then under the laws of all states in the country you cannot repossess the car.


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