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So how legal (or il) is this? (TexLaw??)

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Alamo_Beer

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So a buddy of mine asked me if I wanted to take a road trip with him up near DFW to pick up a car next weekend. I asked him why and he said he's going to pick up a 1981 Volkswagen Cabrio. He's into VWs so I figgured he was buying it, nope.

The story is that he sold it to some girl a year or so ago and I guess he financed it bc she was making monthly payments. Well, she stopped paying back in September. He says he's talked to a lawyer (which I doubt bc lawyers are $$$ and he's cheap) and that he can reposes the car himself. He's going to rent a car dolly, drive up there, and wait until she leaves the house, follow her and take the car when shes in the store.

It doesn't sound like a good idea to me...I told him I have enough on my record (not really) and that I didn't need this on there too.

So what do you think? :confused: Should I try and talk my buddy out of this?

I called you out TexLaw bc well, your a brewin' lawyer!

THANKS! :ban:
 

GloHoppa

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isnt texas law whoever has the bigger gun wins?
 

RICLARK

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Dont know what the laws are where you live, But I had to help my Bro in law do this a couple of summers ago, As long as the car is in your friends name and he has proof I dont think it should be an issue. Also Maybe he should talk to a local cop first and maybe have the cop assist.
 
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Alamo_Beer

Alamo_Beer

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bigjohnmilford said:
If you're even questioning it you should just walk away.
Oh totally, there is NO way I'm going with him...just don't want to see anything bad happen to him.

RICLARK said:
Dont know what the laws are where you live, But I had to help my Bro in law do this a couple of summers ago, As long as the car is in your friends name and he has proof I dont think it should be an issue. Also Maybe he should talk to a local cop first and maybe have the cop assist.
I THINK it's in his name but not sure, if she's still making payments the I would imagine it is... I brought up the cops to him and he said something like "Oh man they'll take too long"

GloHoppa said:
isnt texas law whoever has the bigger gun wins?
Yes :D
 

kornkob

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When is he going? I have a buddy on the DFW PD. I'll see what he says.
 
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Alamo_Beer

Alamo_Beer

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kornkob said:
When is he going? I have a buddy on the DFW PD. I'll see what he says.
Really? That would be AWESOME. The car is in Mineral Wells and he supposedly is going next weekend.

:rockin:
 

RICLARK

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Alamo_Beer said:
I THINK it's in his name but not sure, if she's still making payments the I would imagine it is... I brought up the cops to him and he said something like "Oh man they'll take too long"

If he is acting like that about talking to the cops I would tell him he is on his own, Cops are his friend in this situation
 

kornkob

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Alamo_Beer said:
Really? That would be AWESOME. The car is in Mineral Wells and he supposedly is going next weekend.

:rockin:
Haven't reached my buddy yet but I know that one thing to be REALLY careful of is that Texas, unlike a lot of states, allows one to use use of deadly force to protect your property, even if there is no risk of physical harm. It ups the ante when the ex-GF can pull a gun and start popping caps over the thing.
 

Bobby_M

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If he owns the title outright, I suspect he can just take it. If she owns the title, and they have some kind of written contract of a payment plan, he needs to go to small claims court to either get the money (unlikely) or the car. It sounds to me like it's the latter, and he wants to steal the car back. If that's the case, he can be arrested for it whether or not there's some kind of agreement. If it was a verbal agreement, he's Fubar.
 

Mutilated1

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Don't talk to the local cops first. I know a lot of repo men, and you don't want to talk to the cops because the cops will stop you from getting the car. Once you've got the car, everything is fine and the cops are happy. When the other person is in possesssion of the car, there is a fine line between protecting your legal right to get the car and getting in trouble.

I've gone on trips to repo cars a few times, and you dont call the cops till you are driving away with the car, and then its just a curtesy call so they know whats up when the person you're repoing the car from calls it in stolen.

I wish I was going with you, get that bitches car!! Good times.
 
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Alamo_Beer

Alamo_Beer

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kornkob said:
Haven't reached my buddy yet but I know that one thing to be REALLY careful of is that Texas, unlike a lot of states, allows one to use use of deadly force to protect your property, even if there is no risk of physical harm. It ups the ante when the ex-GF can pull a gun and start popping caps over the thing.
While thats true, I know this goes against popular belief, not EVERYONE in Texas is packing heat...I kinda doubt that would be a problem
 

kornkob

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Oh-- I know that, but that doesn't mean one shouldn't be careful aobut that-- especially since it's clear there's already a source of conflict here.
 

Wort*hog

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Your buddy,if he has the title, should sign it off and send it to her. Tell her to have a good life, write it off as a loss and look for bigger fish to fry. Life is too short to sweat the small stuff and this has potential for a lot of problems. I would stay clear of this one.
 

Mutilated1

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no way - dude go get that car

its a matter of principal, do not let some ditsy chick screw your buddy out of a car or money

dead beats who don't pay don't deserve your sympathy
 

kornkob

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I'd do a rick vs reward chart, myself. Woudl I dirve to texas to get a $500 car? Nah-- but I might try taking her to small claims. But if she's stopped paying for the Aston Martin I'm going down to get my ****.

It's all about what the risks are and what the payoff is.
 

brauhaus

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Wort*hog said:
Your buddy,if he has the title, should sign it off and send it to her. Tell her to have a good life, write it off as a loss and look for bigger fish to fry. Life is too short to sweat the small stuff and this has potential for a lot of problems. I would stay clear of this one.
agreed, all over an 81 Volkswagon just doesn't seem worth it...

but, if he does it.... be sure to film it :D
 

DeathBrewer

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find out if it's in his name.

if it is, there's no concern. snag it from her at the store, that'd be great.

sounds like you don't have all the facts and he may have lied to you about the lawyer thing? i certainly wouldn't do it with him and i would advise him to not do anything illegal in this situation.
 
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Alamo_Beer

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Yeah, like I said I'm deffinatly NOT going on this trip. Thanks for the info though. I'll try and see if he's got the title, that would deffinatly change things.
 

kush

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kornkob said:
Haven't reached my buddy yet but I know that one thing to be REALLY careful of is that Texas, unlike a lot of states, allows one to use use of deadly force to protect your property, even if there is no risk of physical harm. It ups the ante when the ex-GF can pull a gun and start popping caps over the thing.

Hell yeah. Got to love texas! :mug:

I agree if its in his name then he has the right. But i have no idea. I think that he has to have proof of sending a certain number of "warning" letters to her house stating that if she doesnt pay by x date then she will have it repo'ed.
 

TexLaw

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Alright, this certainly isn't my area, so don't take a word of this as good advice (except for those words before this :))

If the title is still in his name, I believe he has the right to take the car back from her. It's not her car; it's his. However, I do not know what sort of measures he can take to get the car (e.g., to what extent, if any, can he trespass on private property to get it). That's just something to consider.

If the title is in her name, though, he needs a perfected security interest in the car before he can even think about taking it. If the title is in her name, it's her car, not his. If he has a perfected security interest, which involves filing some paperwork with the Secretary of State, he can foreclose on that interest, and I don't remember what all that involves. Without a perfected security interest, the best he can do is to go sue her for breach of contract, get a judgement, file a judgement lien, and then see what he can collect on that.

Like I said, though, you better check on everything I just put up there. I don't mind you calling me out, and I don't mind answering questions when I have a moment, but don't forget that you get what you pay for. :)


TL
 

RICLARK

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I was just thinking...You said the Car was Financed and she wasn't making the payments, So that probably means if it is financed odds are that the bank has the title in which case he is SOL and should contact the bank and they will send there own repo men after it and he will just have to take the loss.
 
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Alamo_Beer

Alamo_Beer

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TexLaw said:
Like I said, though, you better check on everything I just put up there. I don't mind you calling me out, and I don't mind answering questions when I have a moment, but don't forget that you get what you pay for. :)


TL
Totally, I definitely didn't think you'd be giving out expert legal advise for free but I figured your input would be worthy. Thanks again! :D

I'll txt him and see if he's got the title or if she does. That seems to be the biggest problem.

Thanks again guys!
 

the_bird

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RICLARK said:
I was just thinking...You said the Car was Financed and she wasn't making the payments, So that probably means if it is financed odds are that the bank has the title in which case he is SOL and should contact the bank and they will send there own repo men after it and he will just have to take the loss.
I think he meant SELF-financed, i.e. she was mailing HIM checks every month. If she went through a bank, he would have already been paid. Given the age of the car, those were what, probably $20?
 
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Alamo_Beer

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the_bird said:
I think he meant SELF-financed, i.e. she was mailing HIM checks every month. If she went through a bank, he would have already been paid. Given the age of the car, those were what, probably $20?
Birds got it...sorry about that.

I txt him and HE'S got the title...
 

Hopleaf

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There is a proper way to do things and there is a dumbass way to do things, this situation reeks of the latter.
 

Kevin Dean

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IANAL (But I play one on the internet):

Verbal contracts are hard to enforce but are, in many cases, legally binding. If he has the title he is the owner of the car but different states have different laws pertaining to how one builds equity. If she never reports the car stolen and doesn't make a fuss, this is a non-issue.

Your buddy might have right to physical ownership of the vehicle but she might (depending on how state laws interpret how equity is built when such terms aren't in writing) have legal claim to any money she's documented that went into the car.

I'd not touch this with a ten foot pole.
 

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If it were my car, in my name, and she had paid say less than half of the previously agreed upon price, I'd just take it. If she reports it stolen, she'll be asked for the registration. It won't be hers.

She'll have to take YOU to small claims to get back the money she paid already and she better have some proof that she did pay it. You could say you loaned her the car and never returned it. In fact, unless she has a contract signed by both of you as to the arrangement, YOU can report the car stolen right now and the cops will go get it.

If there is a contract and she can prove how much she paid, they will then likely prorate that amount by perceived value of the usage for that time and render a judgement. It might end up being a complete wash.

However, if the difference between the current value of the car and what she still owes is less than $500, I'd just send her an envelop filled with dog poop and call it a day.

Just IMHO.
 

the_bird

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The "dumbass way of doing things" can also be applied to extending credit to someone who's too poor to pay for a freakin' thirty-year old VW....
 

CBBaron

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the_bird said:
The "dumbass way of doing things" can also be applied to extending credit to someone who's too poor to pay for a freakin' thirty-year old VW....
+1
I think we have a winner.
I don't have any recommendations for the current situation because this is where the whole problem started. Next time let them get the loan from a bank and free yourself from the hassle that most people could have predicted.
I'm of course referring to the person who sold the car.
Craig
 

shafferpilot

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Believe it or not, 1980's cabriolets continue to hold a pretty good value. Don't ask me why, 'cause I know they were POS's when they were built and have only gone downhill since then. But for some reason these VW guys/gals still love the crap out of them and they aren't nearly as easy to find as beetles.

Anyways, she has proof of payments made, 'cause she was writing personal checks, so her bank has the records. I don't blaim him for wanting his car back, but he better really plan this thing out in a way that keeps him protected. The smartest thing he could do IMO is to confront her in a public place and ASK her to give him the keys. He can lie to her if need be, "If you don't give me the keys, I'm calling the cops to report it stollen right now." and hold up his cell phone. She'll probably cave, and he can give her a ride home. Then the likelyhood of her getting pissed and causing trouble goes WAY down.
 
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