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Thu 17 May, 2007 07:44 pm
A short time ago, I had my truck taken away out of my yard, by the man from whom it was being purchased. I had gotten behind on payments. He sent me a certified letter, giving ten days to pay the balance in full. I went to his house today, which is the tenth day, at five fifteen PM, but the people inside would not open the door. They said the man I came to pay off was out of town, that I would have to call him on the phone. (I could tell by all the circumstantial evidence they were lying, but did not challenge the notion. I went out on the street in front of his house and began calling his home and cell ph numbers, and got no answer. Fifteen minutes later, I called the cell number again, and his son answered, saying, the man was out of town and left his cell phone with him. I told the boy I didn't believe any of their story, but was civil, and hung up. He has absolutely refused to communicate with me, since the day he took back the truck, except to send the certified letter, giving me the ten days. Any lawyers out there, with advice on Texas law?
I'm a dolt on this, but offhand, see the sheriff?
Will think on it, the day isn't over.
Youve got a letter for payment demand due on todays date. You perhaps should have had a cert check made out to him with yesterdays date , and after he refused to accep[t, I think that would define theft by deception. Im no legal genius but it seems that hes gotten your money and your property and youve attempted to communicate this. I suppose that even the A2K post with todays date could be evidence in small claims or just have the f. ucker arrested?
I know Texas is pretty backward but hes just screwing with you, hes conned you out of money . HEs made a bad faith deal and he had (apparently) no intention of living up to his end of the bargain.
However, I think the strength of your argument is dependent on being able to prove that you tried to make the final payment after his demand letter and you did it on time.
I've been getting others involved in calling his phone numbers to try and tell him I have been there with the money. I have them as witnesses that they won't allow me to make contact. And, he demanded cash money only.
This guy is a super jerk, but you know that.
I suppose the courthouse is closed. Is there a marshall's office, or some other place you could call and ask? Whatever place - geez, the local police, not emergency dept. of course. Maybe they'd have a place to direct you.
Why not file charges then?
I intend to consult a lawyer tomorrow.
My son-in-law called a police officer, who is our inlaw. He didn't report back on it, so I doubt he was given any encouragement there.
Is the truck worth more than your final payments? I think you said it was a 2000 model, or maybe 2001? If it's a low enough value you could probably handle it in small claims with little legal experience or fees. Small claims judges are used to hearing both sides without lawyers. Depends on what it's worth.
Here is a link to Texas Statutes:
http://tlo2.tlc.state.tx.us/statutes/fi.toc.htm
Here is a link to a helpful site (with internal links to the relevant statutes) that discusses Texas Respossesions:
http://www.lawdog.com/states/tx/repo.htm
Excerpt:
Quote: . . . a person may perfect a security interest in a motor vehicle that is the subject of a transfer only by recording the security interest on the certificate of title as provided by chapter 501.
Did the "lien holder" perfect his security interest in your vehicle by recording it as required by law?
Excerpts from the LawDog Texas Respossession site:
Quote:Right to Possession Without Breach of Peace
Unless otherwise agreed, secured party has, on default, the right to take possession of the collateral. In taking possession a secured party may proceed without judicial process only if this can be done without breach of the peace. If not, a legal action may proceed. Sec. 9.503 See Chapter 9, Business & Commerce Code.
Right to Redeem
At any time before the secured party has disposed of collateral or entered into a contract for its disposition under Section 9.504, or before discharge under Section9.505, debtor or any other secured party may, unless otherwise agreed in writing, after default, redeem the collateral by tendering fulfillment of all obligations secured by collateral, expenses reasonably incurred by secured party in retaking, holding and preparing collateral, arranging for sale, and to extent provided in agreement and not prohibited by law, reasonable attorneys' fees and legal expenses. Sec. 9.506
Compulsory Sale
If debtor has paid sixty per cent of the cash price in case of a purchase money security interest in consumer goods, or sixty per cent of the loan in case of another security interest in consumer goods, and has not signed, after default, a statement renouncing or modifying rights, secured party who has taken possession of collateral must dispose of it by sale under Section 9.504. If secured party fails to do so within ninety days after possession, debtor may recover damages on secured party's liability. Sec. 9.505 See Chapter 9, Business & Commerce Code.
Acceptance as Satisfaction In other cases not involving consumer goods 60% rule, secured party in possession may, after default, propose to retain collateral in satisfaction of the obligation. Written notice of the proposal must be sent to debtor, if he has not signed, after default, a statement renouncing or modifying rights. In case of consumer goods, no other notice need be given. In other cases notice must be given to any other secured party who has security interest in the same collateral and who has duly filed in the office of the Secretary of State or County Clerk in proper county in this state, a financing statement indexed in the name of debtor or from whom the secured party has received, before sending notice to debtor or renunciation, written notice of a claim of an interest in the collateral. If secured party receives objection in writing from person entitled to receive notice, within twenty-one days after notice sent, secured party must dispose of the collateral by sale under Section 9.504. If no such written objection is received, secured party may retain collateral in satisfaction of the obligation. Sec. 9.505
Sale and Application of Proceeds
A secured party after default may sell, lease or otherwise dispose of any or all of the collateral, in its then condition or following any commercially reasonable preparation or processing. Any sale of goods is subject to the chapter on Sales (Chapter 2). The proceeds are applied in the order following to reasonable expenses of retaking, holding, preparing for sale or lease, selling, leasing and the like and, to extent provided for in agreement and not prohibited by law, reasonable attorneys' fees and legal expenses incurred. Proceeds are next applied to satisfaction of debt secured by the security interest under which the sale is made. Sec. 9.504
Be sure to consult a local lawyer about your situation.
The links in the LawDog article appear to be outdated.
Go directly to the Texas Statutes:
http://tlo2.tlc.state.tx.us/statutes/statutes.html
Click on the Business and Commerce Code (which is the uniform commercial code) and check out Chapter 9, Secured Transactions. Remember, if the seller (lienholder) did not secure this transaction by perfecting his purchase money security lien as required by law (i.e., recording it, etc.), he may not have any rights in the collateral. Make sure he perfected his lien! The statutes concerning rights/obligations of parties after default on a secured transaction are found in SUBCHAPTER F. DEFAULT, Sec. 9.601 et seq.
Again, consult an attorney.
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