Yucky Situation here

[Start-Living]

Hi everyone, It's been a couple months since I been on here.
Just had a baby in November, 20 2006. Haven't been on here since, the new baby's keeping me busy.

Just want to say "HI" to everyone, and I also got a very yucky situation that I don't know what to do. I don't know who to ask for advice, except for all the smart gals in here. (Hope you don't mind me posting his here, since it doesn't have much to do with frufality)

Here's the story:

My sister and her best friend came down here on my Baby-shower on October-2006, and since we have so many cars, I decide to sell her bestfriend one of the car. The amount is $5,000 but since she doesn't have the whole amount. (being nice) I decide to let her do monthly payments, to save her interest at the bank for a loan since she have bad credit.
Anyhow, She put $1,000 down, and promise to pay at the beginning of everymonth.
So far, we only recieved one of the payment, after many many calls to her asking for the money, and she ignore a lot of my calls & text message.
2 weeks ago, she changed her phone#, and haven't heard a word from her. I called my sister asking about the new phone#, but my sister said that they are no longer friends.
I already gave this girl the title to the car, but she still drives the car in our name and with our liscense plate on it. (She mention to me a month ago that the DMV won't let her have any cars in her name, and she was going to ask her boyfriend to put it in his name) Well, she broke up with her boyfriend last month, and quit her job a month ago, so she have no money to pay me, and she can't change the title over to her name, and she won't contact me.
(I have a feeling, she's just going to continue to drive the car for as long as she can under my name without paying me)

Now that she cancel her phone#, no one hears from her, and she owes me money but won't contact me. She lives 6 hours away from me, but my sister(who lives in the same town) said that she still drives around in my car with my liscense plate on it, and she did some damaged to the car already.

What should I do? Should I just go grab the car from her? Should I call the police and have them go with me?

(Note, my sister also mention that she have trashed her boyfriend's car after they broke up, so I"m afraid she's going to do that to my car)

I have a contract written up before giving her the car, the contract said that she owe me $4000, and paid $1,000. SHe will pay me monthly until she paid in full in exchange for the car. (I can take her to small claim court, but that's a lot of work, and on top of all that, she doesn't have a job or any money, so even when I win the case, she can't pay me, and she will most likely trash the car if the court order her to give back the car)

Now, since the car is still under our names, and we have a spare key to the car, is it legal to just go get the car? since she won't contact me or pay me?

sorry for such long long thread, any advice will be great.
I'm clueless and dont' know where to turn for help. We need this money, especially now with a new baby.

Any advice will be greatly appreciated. (Some yelling at me will help too, since I have a feeling this might happen and I go ahead and sell her the car anyway)

[Megareader]

I think you should contact an attorney in your area and find out what to do.

[PrairieRose]

That is a yucky situation alright. I'd consult an attorney or family friend who has a legal background. Do you know anyone in the field of law enforcement? They might be able to help you. I'm sorry you're going through this

[thrifty gal]

I agree with Megareader. But, if it were me I'd go get the car. Good luck!

[suzysaver]

Wow that is a Yucky mess !
I think I would contact the police, if she damaged the car already and has a bad track record ...and dmv doesn't want anything to do with her. Who knows if that vehicle has been involved in hit in run or property damage. I think I would want a report written up and have a copy of that written contract attached to it. I would ask them about reclaiming that car, and if you do.....be careful and check it over real good when you get it home, who knows what she may have stashed in there. She sounds like a very unsavory character, I imagine you won't ever see any money from her, and the money you did get from the deal will probably have to be used to fix the damages. Don't feel to bad or beat yourself up over this, you did this out of the kindness of your heart. I really hope it all works out for you, and good luck with it...keep us updated, I want to know how this all works out.

[AmyBoz]

I'd call the police and get their advice on the situation. Write out everything that has transpired beforehand so that you can speak with them clearly and concisely so that they take you seriously. Bring the contract with you when you go see the police so that they can see that she has signed the contract. They may wind up just advising you to get an attorney or go to small claims court, but if you present everything right, they may just go get your car for you.

[marei]

I think that if the car were still in my name I would go in the dead of night and drive it away. If anything happens your insurance will be liable for any damage - too big a risk to take.

[geckoace]

lets be clear did you sign the title over to her or just hand it to her, cause i think that makes a difference. id call legal aid get some advice as to who owns the car. if its yours go get it and get another copy pf the title. if its hers sue her butt! you a contract they have to enforce it.
just mt opinion

[Hollyhandi]

Contact The Department of MotorVehicles and they will tell you what you need to do.
I hope you did not sign the title. It should never left your hands til car was paid for in full.
JMHO
Good Luck

[betharoo0]

Contact a lawyer! Quick!

[FrugalMomof3]

If you signed the title, your outta luck unless you go to court BUT if you just handed her the title, and it's still in your name you still have the right to that car and going to get it or re-posses it.

Also, did you get anything in writing? Did you make up a contract and have her sign it? What does your sister say about all this?

[banana]

I wish you the best of luck. I would definitely call the police and legal aid to seek advice.

[Start-Living]

I did sign over the title, so she can switch it over to her name so she won't be driving under my name. But she can't get the title switch over, because the DMV won't let her own any vehicle (I don't know why, but that's what she told me last month).
(Stupid me, I trust her that she will pay since she seems very nice and she did have a job, and even told me that she will pay more than what I want monthly so she can get it paid off in a few months) now.... a few months later...and we only get 1 payment.

My sister is no longer friends with her ( She didn't tell me why) but they have some huge issues with her and her boyfriends and a bunch of other stuff, so that's probably the reason. (when I talk to her a month ago) She also told me that she got pregnant, so she's not going to work for a while. Supposely her boyfriend then, will be paying for the car etc....but since they broke up and he's with someone else now, she have no income and no way of paying me.
I do feel sorry that all this happen to her, but I have been waiting hoping she would call me so we can work out something. I really don't want this to get nasty, because I know she's going through a lot right now. But she still owes me the money or the car. (or at least a phone call to explain or work something out)

thanks for all your advices. I will contact the police, and see what they say.

Should I contact the police here? or where she live? or both?

(Also, I would take her to court, but I don't want to, because she have no job for them to garnish any money, and if they make her give the car back to me, she will surely trash it before I can get it back)

I will wait for 1 more week, to see if I hear from her, and if I do hear from her, I will try to ask her to give the car back nicely. If I don't, then I will contact the police and go get the car.

[ironmaiden]

Have you taken this car off your insurance? Call your insurance company.
Is it legal to drive without insurance in your state? It isn't here.

Also, contact the DMV and find out about the license plates. If they are still in your name, you need to deal with that.

[annertak]

I wouldn;t even give her a week, because if she gets in an accident and kills someone, you will be sued. I would do what I had to do to get that car back ASAP!