Q: Am I legally allowed to repo my vehicle back from someone who was suppose to buy it but has yet to pay for it?
We have a promissory note however it was not notarized and she is trying to avoid paying me. We had a verbal agreement then put it in writing when she moved out, but she has had the vehicle for 5 months and has never made a payment on it. I told her I would like the vehicle back but now she is refusing to hand it over.
A: Probably not from the facts you have stated. You can only repossess if you have a security interest in the vehicle, meaning your lien for the monies you are owed under the promissory note is noted on the actual title to the vehicle. If you sold the vehicle without any security or a lien on it, you can sue under the promissory note for the money owed. The promissory note does have to be notarized.
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