How do I legally reposess a car from a family member?
My brother in law was down on his luck, so my husband and I decided to sell him our car that we owned. (We have a clear title). We gave him a great deal on the car and only asked for $3300. (Half of what the car was worth). He couldnt afford to pay it all upfront so we agreed on 280 dollars a month for 12 months. He payed regularly (for the most part) for 6 months and then just stopped paying because he said 'he couldnt afford to pay for it'. My brother in law has not attempted to make any kind of payment on the car for 8 months. I feel like he has taken advantage of my husband and I. To date, he owes 1500 dollars on the car. How do I legally get the car back? Do I have to return to him what he paid on the car if I take it back? My husband and I constantly fight about this. Please help... This is ruining my marriage.
If you still hold title to the car, its yours. Just go pick it up. If it's titled in the brother-in-law's name, he owns it.
Collecting the remaining $1500 may be tough, but its hardly worth ruining a marriage over.
You cant repossess it, unless you had notarized, signed contract with him. Take it as a lesson
If you did not have any documented arangement, you are in a tough bind. If you gave him the car in good faith, then it was just that..good faith. He made bad but you have very little recourse without a promisory note or contract.
It sounds like you did not need the car so much, so why worry so much about him making the payments that he is ruining your marriage? It is never worth that.
http://www.illinoislegalaid.org/index.cf...
Hope it helps!
No, you do not have to refund money
Yes, you can repo unless you gave him the title free and clear!
Have you tried just talking to him, and telling him you want the car back for non-payment, that you can NOT afford to give him a 1,500 dollar gift??
Answers:
You can take him to small claims court, it would probably be the least expensive way to deal with the problem. Hopefully you have a payment contract in writing and you have kept an accurate accounting of the payments he has made. The judge would probably give him the choice to turn over the car or the cash.
Also, if you have a set of keys and the car is still in your name on the title, just go get it. You can't be arrested for taking what is yours and a lot of the time if you call your local cop shop they will give you a civil stand by while you get the car.



