Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I sold a 92 Nissan Maxima to an acquaintance on a payment plan for total 2000.00. They took the car with 300 down. Made one payment of 285 over 60 days. These are young kids and I was trying to help them out since a good friend spoke on their behalf. Well they have put over 3000 miles on the car when they called to tell me about some mechanical problems (needs a power steering pump) it was having. They were very upset even though I explained when they drove it off it was an older car and was going to have issues. She said they were going out of town and she was concerned about the car and didn’t feel comfortable driving it. Little did I know they had already made four or five long trips in the car. I told her that they could return the car and meet me the following night as long as it was in the same condition then I was okay with that. I do have a written/signed contract with them for payments but nothing to cancel the agreement. The following day arrived and the car was dropped off without my knowledge. After looking at the car I was shocked to find they had trashed the interior. If the interior is any reflection of the motor issues now I understand. It has cigarette burns throughout the interior and ashes all over. Someone even went as far as to ash on the dash of the car. Not to mention trash. I would not have agreed to terminate the agreement had I seen the car. What are my rights at this point? I would prefer they take the car since I have no knowledge of what exactly they did to it.”
Question: Your best bet at this point would be to take them to small claims court for the balance that they owe you. Hopefully you have a contract with them in writing, but even if you don’t it’s probably worth going to small claims court. Otherwise, chalk it up to experience, and donate the car to one of those charities that will come pick it up and take it away for you, and get a tax deduction.
