What can I do to get my money back? How? 13 Answers as of May 22, 2015

3 years ago I sold my pickup truck to my brother in law for $6000, I had him sign a contract saying he would pay me $200 a month for 30 months. He has made a total of 5 payments, now him and his wife are going through a divorce and he says he does not have to pay me the full amount that his soon to be ex wife has to pay half. I am the lien holder on the title, but I do not have the money to drive down to repo it. How can I make him pay me?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
You cannot make him pay you. You can sue him, but even when you get a judgment, you may be forced to garnish his wages. All of that will cost you the price of an attorney.
Answer Applies to: Georgia
Replied: 5/22/2015
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
You must sue him for the money if he was the only person that signed the note. If the divorce judgment says the debt is part hers you can ignore it and sue only him but he might sue your sister for breaching the judgment.
Answer Applies to: Michigan
Replied: 5/21/2015
Law Offices of George H. Shers | George H. Shers
Send a letter to him with a copy of the contract stating that since he signed the contract, whether or not she signed, you are entitled to full payment from him since he is obligated under the contract and that you will either repossess the truck and/or sue him for the balance of the amount owed. If the contract provides for the acceleration of the full amount left due as one lump sum if he breaches the contract, tell him the entire amount is now due. Why have you waited so long when he has made only five payments in three years? Because he was still married to your sister? Who is going to get the truck in the divorce?
Answer Applies to: California
Replied: 5/20/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Your deal is with him and not his wife. He owes the money. The divorce court has no jurisdiction over you or your contract with him. Get a collection lawyer.
Answer Applies to: Alabama
Replied: 5/20/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You would have to sue him
Answer Applies to: New York
Replied: 5/20/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    depending on the contract both he and his wife may be jointly and fully responsible. absent a repossession you can sue on your note in small claims court.
    Answer Applies to: Connecticut
    Replied: 5/20/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Sue him on the note, and seek an order for repossession, probably in the same Complaint. Or you may want to repo the vehicle in the state where it is locateeven if the trip costs you something. BUT be very cautious: consult a lawyer in the state where the car is located and find out for a certainty if 'self-help' repossession is available to you. (Even if the guys at the bar tell you you are free to repossess it yourself.) Otherwise you could face criminal charges. It's good to avoid that kind of headache.
    Answer Applies to: Wisconsin
    Replied: 5/20/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I would suggest that you change your position, drive down, repossess the truck, get tailback in your name and then sell it. You will be allowed to apply the proceeds to the outstanding loan and any shortfall remain a marital debt. You can, on the other hand, do nothing and they will most probably continue to do nothing as well.
    Answer Applies to: Michigan
    Replied: 5/20/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Sue him. The ONLY way that his soon-to-be-ex-wife would have to pay is if she gets stuck with it in the divorce case. How long ago did he stop paying? Why didn't you sue him then? Certainly, do it now. It sounds like YOU win by getting rid of him as your brother in law.
    Answer Applies to: Michigan
    Replied: 5/20/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Sue in small claims.
    Answer Applies to: California
    Replied: 5/20/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Unfortunately, you will have to sue your brother for breach of contract. If his wife did not sign the contract, then he has to pay you the full amount and then his wife can pay him back the half that he says is her responsibility. If she did sign the contract, then they are jointly and severally liable, which means that you don't have to get half from one and half from the other. You are entitled to your money, all of it. Whatever problems they have between the two of them are their problems, not yours.
    Answer Applies to: New York
    Replied: 5/20/2015
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