small claims court over selling a car?

Question

I make a written agreement stating the car is being sold as is and will be paid in full by a certain date. Kid asks to take the car to his mechanic to get it fixed then will pay me by said date. He hasn't paid me and has abandoned the car. Can I take him to small claims court??

Answer 1

Mike - you mentioned in a comment to another answer that you still have the title. That's good in the sense that you can prove you still own the car. It's bad in that you're possibly liable for any costs associated with the car, like it being impounded as you also mentioned.



You have a signed agreement that he was to pay you by a certain date, and I'm assuming that date has passed. You might be able to get some money out of him.



However, legal documents signed by kids are problematic, especially if the kid is younger than 18 (the age of majority in most states). When someone 17 or younger signs a contract with no co-signature by a parent or guardian, then those agreements are difficult to enforce.



Sounds like you have a minor mess on your hands. Depending on the value of the car, you might just walk away from this having learned an expensive lesson. But, you should at least threaten legal action to see if you can get any $$$ from the kid, and small claims court might be an avenue to that end.



And, while it sucks that the car is impounded, the bright side is that it's out of the hands of kid and he can't do any damage to it, or get into a wreck with a car that is in your name, etc. The impound fee is far, far, cheaper than a multi-million dollar lawsuit from someone hit by the kid with your car.



Good luck.

Answer 2

Oh, you bet. You kept the title didn't you? Of course, take him to court. Can you get your car back, or did he ruin it? Either way, you can take him to court for actual damages.

Answer 3

of course, and I sure would, but you need his real ID to sue him, I hope that,s on the agreement.



& he stole the car, call the cops.



in these deals, always ID the other party via current drivers license w/ real address, not private mail box #.



& charge him for the impound and a full tank of gas that he ran dry.

Answer 4

You can take him to court, but it is a big hassle, and he likely doesn't have any money, so even if you get a judgement, how are you going to collect? Collection agencies will try to collect, for 25-30% of what is owed, that is less trouble than court. But the bottom line is that if he has no money, you will get no money. Sounds like you sold a piece of crap car to a guy who can't afford to fix it. Get the car back, and consider it a lesson learned.