If the purchaser of my horse trailer defaulted on note paymentsand has taken the trailer out of state, what should I do?

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If the purchaser of my horse trailer defaulted on note paymentsand has taken the trailer out of state, what should I do?

I hold the title and original bill of sale from my sale of the trailer. Buyer is now residing in CO, with my trailer. Promised to resume payments as 6 month ago but no payment has been received to date. Failed to answer repeated emails asking about what she planned to do to resume payments. I finally received a response after calling her a thief stating that she thinks I should just give her the trailer and forgive the $1,500 still owed because she had been a friend. I have a note signed by her. She removed the trailer from the state without my consent. Can I press criminal charges for taking it out of state and how can I repossess it?

Asked on June 16, 2011 under Bankruptcy Law, New Mexico

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Does the bill of sale indicate that she was to make payments in certain amounts at certain intervals (weekly, monthly, etc.)?  Because if the bill of sale indicates only that the trailer was paid for then you may have an obstacle to overcome in proving the contract of sale - which is what this is/was.  If the title to the trailer was never turned over you technically still own the property.  But if you file charges for theft you would be telling a partial lie (i.e., the bill of sale).  I think that you need to sue her for the money and/or for return of the trailer.  Her moving out of state has put you in a bit if a bind but it can be done.  Check with small claims in your area about out of state defendants.  Then once a judgement is obtained you will need to file it in the county in which she resides in Colorado and then have the sheriff help execute on it for you.  Good luck.


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