My question involves a consumer law issue in the State of: California
My son purchased a camper trailer, giving a large down payment and signed a contract with the prior owner, setting up a monthly payment plan and it also stated that if 90 past with no payment the prior owner could repossess the trailer. The prior owner signed over the title to my son at the time of the sale and instructed him to register it and my son also agreed to pay the back registration, which he did. My son made 3 payment and then ran into some financial difficulties and the prior owner after only 2 months of missing payments filed a small claims suit for the balance of the "loan" or what I like to call "sale." At 90 days past due, the prior owner brought paperwork from the small claim suit that he filed and had a sheriff deputy do a civil stand-by while he connected to the trailer and explained to the deputy that he was repossessing the trailer and it was authorized by the courts. He now has the trailer in his possession and it is registered to my son, which, my son is the only one on the title as well, which makes him legally responsible what happens to the trailer while it is not in his possession. We tried several times to report the trailer stolen and initially the sheriffs office stated that the prior owner showed repossession paperwork, however, since going to supervisors the paperwork was only of a small claims suit for the remainder of the "sale" and they admitted to allowing the repo to take place was in error and will not instruct the prior owner to bring it back. Keeping in mind that the entire time, my son still has not been served with any paperwork for a court appearance. It was only brought to light of a lawsuit after we were instructed to call the court. The court clerk advised that there were no judgments and no paperwork authorizing a repossession, because my son hasn't been served and there hasn't been a trial.
My son in the title holder, the trailer is no long in the prior owners name, and is not listed on the title as a lien holder, was this repossession legal? or has this trailer been "stolen?" and what should my next step.
My son purchased a camper trailer, giving a large down payment and signed a contract with the prior owner, setting up a monthly payment plan and it also stated that if 90 past with no payment the prior owner could repossess the trailer. The prior owner signed over the title to my son at the time of the sale and instructed him to register it and my son also agreed to pay the back registration, which he did. My son made 3 payment and then ran into some financial difficulties and the prior owner after only 2 months of missing payments filed a small claims suit for the balance of the "loan" or what I like to call "sale." At 90 days past due, the prior owner brought paperwork from the small claim suit that he filed and had a sheriff deputy do a civil stand-by while he connected to the trailer and explained to the deputy that he was repossessing the trailer and it was authorized by the courts. He now has the trailer in his possession and it is registered to my son, which, my son is the only one on the title as well, which makes him legally responsible what happens to the trailer while it is not in his possession. We tried several times to report the trailer stolen and initially the sheriffs office stated that the prior owner showed repossession paperwork, however, since going to supervisors the paperwork was only of a small claims suit for the remainder of the "sale" and they admitted to allowing the repo to take place was in error and will not instruct the prior owner to bring it back. Keeping in mind that the entire time, my son still has not been served with any paperwork for a court appearance. It was only brought to light of a lawsuit after we were instructed to call the court. The court clerk advised that there were no judgments and no paperwork authorizing a repossession, because my son hasn't been served and there hasn't been a trial.
My son in the title holder, the trailer is no long in the prior owners name, and is not listed on the title as a lien holder, was this repossession legal? or has this trailer been "stolen?" and what should my next step.
Repossession: Private Sale of Trailer with Contract, Missed Payments and It Was Repo'd
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