Question on getting my truck back from someone who was making payments on it

[Ptundra]

Well here is the deal about 2 years agao maybe a little more. I hit some hard times and had to find someone to take over my payment on my truck. He could not get credit so i kept the truck in my name and wrote up a contract between the both of us. Now it has been for the last about year he has been being late on payments and making everything reeally hard he has broken the contract now up to 8 times. I am now at a point where i can afford it again, and he just didnt make the payment that was due 2 days agao now. On top of all this he is now not returning calls, texts or emails. So i want to know my rights as an owner do i report it stolen and the police will go about getting it back for me i have all of the guys personal info and everything. please need help from somone who knows what they are talking about. ASAP need to get this truck so i can continue making the payments before they repo it.

[retdetsgt]

It's not stolen. It's a breach of a civil contract. The police can't help you. That's the problem of trusting someone to make payments who has bad credit, don't you think?

Contact your creditor and see what they say, but in the end you may have to suffer the consequences of making a contract with someone like that.

[greg72982]

It's not stolen. You will likely have to pursue this civilly to get the truck back. You may or may not.

[Ptundra]

so sincethe registration and everything els is in my name what stops me from taking my truck back myself just going up and taking it back... from what the finance company said is tha regardlesss of what the contreact says its stil in my name not his so there is nothing they can do. So why cant i if he has no rights t the truck how can he say somone stole his truck when it is not in his name if i got pulled over it would be my nam my insurance and my license that would all match. But also is i have tried to call him and email him and text him even stopped by his house but no response so how is that not at all like stealing my truck when in the contract it said that would be cosiered that if he took the truck and i could not contact him.

[Ptundra]

how does he get more rights to my truck then me?

[greg72982]

so sincethe registration and everything els is in my name what stops me from taking my truck back myself just going up and taking it back... from what the finance company said is tha regardlesss of what the contreact says its stil in my name not his so there is nothing they can do. So why cant i if he has no rights t the truck how can he say somone stole his truck when it is not in his name if i got pulled over it would be my nam my insurance and my license that would all match. But also is i have tried to call him and email him and text him even stopped by his house but no response so how is that not at all like stealing my truck when in the contract it said that would be cosiered that if he took the truck and i could not contact him.

how does he get more rights to my truck then me?

If you try to take it back yourself you will not be in trouble criminally. You could be held accountable civillly, and then again you may not. No one here knows what that contract says, and even so we are not civil judges or attornies.

There is nothing criminal about this and your homemade contract does not trump state law. Just because you put in there that you not being able to contact him makes it stolen, it isn't according to any state law in the U.S. Your contract doesn't all of the sudden give the state the ability to prosecute.

It's not that he gets more rights than you, it's that you gave some up when you let him take over payments instead of selling it the proper way and by making your own contract with out the assistance of an attorney.

[Ptundra]

ok i for sure get it now that there is no real black and whit here but more like a gray area. So should i be contacting a local attorney and get advice to see what they say? So if i took it back would he have grounds to try and press any charges since the truck is not his. And he really has no type of docuent stating it what so ever. Just curious since this has been happening now very frequently.

[retdetsgt]

The only criminal thing he could charge you with is possibly trespass if you come onto his property to take the truck. Your other option might be to contact a repo company and see what they say.

[greg72982]

ok i for sure get it now that there is no real black and whit here but more like a gray area. So should i be contacting a local attorney and get advice to see what they say? So if i took it back would he have grounds to try and press any charges since the truck is not his. And he really has no type of docuent stating it what so ever. Just curious since this has been happening now very frequently.

It never hurts to ask an attorney about something like this. I wouldn't try to go get it myself if I were you. Consult an attorney first and see what you can do legally. It's probably going to cost you some money though.

If nothing else, at least get it out of your name. You may take a loss on the truck but chalk it up as a learning experience.

[Ptundra]

thats my first thought of how to do it cause my uncle owns a car lot and can his guy get it for me for nothing. does that seem like it would make it easier as far as crimminal charges go? so even if i called a cop told them the sisuation and told them i wanted them there while i wentto get the truck so the guy does not try and get all crazy would they if i said you know i have to go repo this truck back i have a tow copany to get it. Would they even be able to come out and help me? just curious trying to figure everything out ya know and thanks for all the help so far

[Ptundra]

how do i get itout of my name i have been telling the guy to get it in his for the last 6 months getting no response.i cant just call my loan place and be like this guy now has the truck put it under his name let it affect his credit. i would if i could a lond time ago

[greg72982]

thats my first thought of how to do it cause my uncle owns a car lot and can his guy get it for me for nothing. does that seem like it would make it easier as far as crimminal charges go? so even if i called a cop told them the sisuation and told them i wanted them there while i wentto get the truck so the guy does not try and get all crazy would they if i said you know i have to go repo this truck back i have a tow copany to get it. Would they even be able to come out and help me? just curious trying to figure everything out ya know and thanks for all the help so far

I doubt they would get in the middle of that, I know I wouldn't.

[Ptundra]

hmmm damn let this go on to long without dealingwith it cause its all such gray areas with it and last thing i want to do is have a court btattle with this

[retdetsgt]

how do i get itout of my name i have been telling the guy to get it in his for the last 6 months getting no response.i cant just call my loan place and be like this guy now has the truck put it under his name let it affect his credit. i would if i could a lond time ago

If there is an outstanding balance on the loan and he has bad credit, he can't put it in his name. That's why he couldn't buy one on credit himself according to your first post.

The bottom line is, it's your truck and you can legally get it back. But neither I nor any other cop probably know the ends and outs of it. Repossession of vehicles isn't something we deal with. All we can tell you is that it isn't stolen because you voluntarily handed him the keys and let him drive off in it. The terms of the agreement you made are between you and him, not the criminal justice system.

Would you mind writing properly with punctuation, capital letters, etc.? It would make your posts a lot easier to read.

[Ptundra]

Sorry about that I am at work right now and am trying to write while customers are not around. But thanks for all the help it looks like i will just go get it myself and he can try and call the cops stating that it was stolen. Its my truck and my credit that he keeps messing up, so I am done with this guy and his crap. I have a relative that is a lawyer so I will ask his opinion. Yet I think what I have gotten for response on here is what I needed to know about this. Again thanks for all the help.