dimanche 4 juin 2017

Title Ownership: Can I Repo a Car As a Private Individual Only on an Unpaid IOU (and Other Factors)

My question involves vehicle registration or title in the state of: South Carolina

I bought a car for my son a few years ago from a woman that moved to SC from NY. He didn't transfer the title, so it still had a NY title. He changed his mind about wanting the car and dropped it off at my apt complex. Then I moved and had the car towed to the new location. Since my license was suspended, I couldn't title it because I couldn't get insurance on it because of my suspended DL.

Around Jan 2nd, 2017, I had to move again for financial reasons. I had been starting the car every couple of weeks but due to a back injury, hadn't started it in a few months and it wouldn't start at that point.
I had the car towed (again) to a back yard mechanic, who fixed it the same day. I got a ride over there the next day from a friend and told him it might be a week or two before I could pick it up. (I paid for the repair immediately.) He said that was okay with him.

We started talking about him buying the car. We agreed on a price of $1300. I was about to go get the money and discovered that I had misplaced the untransferred NY title on the last move. He told me that he could do a mechanics lien, charge me $200 and still pay me $1100. I asked him to hold off on the mechanics lien a little while so I could search for the title. He agreed, but when I found the title, he said his "secretary" had already done the lien, received the title and registered the car and put a plate on it.

I took the bus over there and got him to sign an IOU for the $1300. He paid me $60 that morning, $150 that afternoon, and made one or two more payments but stopped paying me. He ignored my texts and phone calls and he has been driving the car at his leisure.

At the beginning of last week, he texted me that of the $690 left, that he, out of the generosity of his heart, was only going to pay me $400 more. He said he had a clean title and he was only giving me the $400 because of how badly I needed the money. He said all I was getting was $400, take it or leave it.
I told him (via text - all this was via text) that I would think about it.

My son found the extra key and key fob and sent it to me.

I took a picture of the license plate he has on the car but DMV won't tell me if it has been registered in South Carolina, and/or under his name.

What are my options here. Can I repo the car based on the IOU?
What other options do I have?

Sorry about the long post but I thought it was important to give you as many facts as possible.
Thanks for any help.


Title Ownership: Can I Repo a Car As a Private Individual Only on an Unpaid IOU (and Other Factors)

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