Depression Support Group
Depression is a real and debilitating condition that is often misunderstood by family and friends. Its meaning can range from a prolonged period of sadness to an actual mental illness with specific symptoms. Find and share experiences with others who are going through the same struggles.
For you to recover your losses, you must be sure the loan was made legally ... as in a written legal agreement. Hopefully, you have one. Once defaulted, you have to go through a legal process to succeed in any recovery .. usually obtain a judgement. As for repossessing the car, that will probably be virtually impossible on your own, but there are professionals who can do the job for you and can be sure it is done legally. Obtaining their services can be expensive as well.
In my opinion, and based on information provided, your first course of action is a lawsuit and its success is dependent on what kind of documentation you have ... mainly a loan agreement. Given you have a suitable one, as well as the total amount you are sueing for, it will fall either inside or outside a Small Claims action. If it falls outside of that court, you will probably need a lawyer which will also be expensive.
Keep in mind, even if you win the suit, collecting is then another matter. It is impossible to collect something from someone who does not have it. You may have access to some of his assets (the car), his employment income (attached wages), or? or? but debt collection is a billion dollar business and is complex and expensive to implement.
I predict you will discover you do not have the resources to effectively recover much if anything and will have to realize that in order to effectively and safely lend money, very specific arrangements must be made .. mostly legal ones. If a loan is made without those arrangements, the lender most always loses.
This is why banks are in business, . they know how to make a 'good loan' or recover from a bad one. I am afraid you are going to have to learn something from this, and have serious doubts you will recover anything at all.
This can cause you extreme grief, anger, and depression. I hope you don't let that happen, because this type of thing is what USUALLY happens .. rather than the exception. It has been a 'problem' since the dawn of man.
"he signed a promissory note"
GREAT!! Depending on what that note says, you probably have legal recourse.
"and he changed the note in his mind to having to pay me back $500 a month, but I never agreed to any changes in the note."
Doesn't matter what is in "his mind". What matters is the terms and conditions in the written note.
>>He kept giving me post dated checks too and paid me back just a little bit.
I suggest you compile a history of what he paid, when he paid it, any problems with 'bad checks', and what you have done to try to collect (written letters, phone calls, etc).
>>When I started catching him in lies, that is when he started to hide the car.
That would be part of the history on what has happened as you have tried to collect on the note.
>> I also forgot to say I am lien holder on the pink slip, which I have, that is why I believe I can take the car back
Then you have every right and authority to take the car back. The problem is how to do it. I AM NOT SURE this is the right way to go .. but you could POSSIBLY report it stolen. This may be the 'magic bullet' or be a big mistake.
>>and hopefully I do not have to go to court.
Maybe not .. on repossessing the car. It is clear from the Title you have a right to it .. but I am not sure about any of the 'legal' part of this whole situation.
"2000 Porsche Boxster"
WOW, .. we ARE talking some $$$ here. Are you the ONLY lien holder? If so, I URGE you to figure out how to repossess that car. I just looked up "2000 Porsche boxter value" and come up with:
retail value $16,188 at:
www.motortrend.com/cars/2000/porsche/boxster/pricing/index.html
"I know I need to speak with an attorney"
I certainly think you do .. keeping in mind, the car is just PART of the 'loss'. Soooo, get on the phone and call Attorneys in your area and find out how much an INITIAL CONSULTATION costs. Should not be more than $100-$200.
What is MOST important is you are prepared to describe the WHOLE SITUATION to the attorney .. within about an hour ... so compile a good 'statement' and take it with you.
You have a lot of 'rights to recovery' .. you just have to initiate the process to recover. You really need to spend an hour with an attorney and at least get possession of that car.
. www.ehow.com/how_16620_repossess-car.html
. www.ehow.com/how_2387576_exercise-car-repossession-rights.html