What type of notice do I have to give before I repo a vehicle for non-payment?

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What type of notice do I have to give before I repo a vehicle for non-payment?

Sold ambulance to acquaintance and signed contract I bought on-line. He paid the down payment, was late on first payment and it was short $1000. It’s been 2months since I’ve heard from this guy and I have received no more payments. I want to take him to court to get payment in full. I do not want ambulance back. Balance owed is $46,500. How do I go about taking him to court?

Asked on April 18, 2011 under Bankruptcy Law, Texas

Answers:

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

Answered 10 years ago | Contributor

Repossession laws differ from state to state.  Some states now allow you to repossess a vehicle after a party has missed only one payment and without notice, but I would not do that here as of yet. The contract you bought on line may or may not conform to state standards on the matter.  So I would read the contract carefully to see what it says and research your state laws.  You always have the right to sue for the breach of the contract and for payment, but you may indeed get the ambulance back if that is the only relief the court can give you (repossession is the same result anyway).  Now, the amount of the contract exceeds small claims court so if you are going to sue him for breach of the entire contract (and it depends if the contract allows for this) then you will need to start a full fledged law suit in state court.  If you sue for each payment as it comes due (which you can do) then small claims may be your venue.  I would have someone read the agreement for you.  Good luck.


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