A lawyer would need to review the promissory note before answering this question. There is the issue of electing remedies that needs to be considered. Because that's really what you're talking about when you discuss what damages to pray for in the lawsuit. Can you collect a judgement from this person? If not then you'll want to strongly consider seeking return of the car. Judgements can be worthless, worth no more than the paper they are written on. Does this person own any assets that are not exempt from execution? That is an question that can be answered only after doing an asset search in the county and state where they reside. See a lawyer, it's the best answer I can give you.

We sold my daughter's car in a private sale and now the buyer isn't paying. What can we do?

 

A: A lawyer would need to review the promissory note before answering this question. There is the issue of electing remedies that needs to be considered. Because that's really what you're talking about when you discuss what damages to pray for in the lawsuit. Can you collect a judgement from this person? If not then you'll want to strongly consider seeking return of the car. Judgements can be worthless, worth no more than the paper they are written on. Does this person own any assets that are not exempt from execution? That is an question that can be answered only after doing an asset search in the county and state where they reside. See a lawyer, it's the best answer I can give you.


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Lombardi Law Firm
1300 37th Street, Suite 6
West Des Moines, IA 50266
Phone: 515-222-1110
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