Vehicle Illegally Reclaimed

[Gabrielo]

My partner and that I bought an automobile from the buddy of mine for $3,000.00.  the vehicle wasn't operating in the time.  Or was it covered or registered.  We got a several-day permit and got the battery leaped to ensure that we're able to go directly into be repaired.  We settled the restoration expenses (0.00).  Then we offered her 0.00 good-faith cash to start spending money on the car.  About The 16th of July, she informed us that she'd write-up an arrangement with payment conditions and conditions.  Fundamentally, we were to pay for a specific amount each month until It had been compensated off.  during this period, we were trying to secure work to ensure that we couuld makthe funds about the car.  We were in touch with her and we were wishing that she'd use us so far as the funds were concerned.  the vehicle have been resting inoperable in her garage for over a year.  She virtually stated that she'd not use us.  About The 22nd of June, she got around having a written contract saying the cost conditions which if we didn't meet up with the conditions of the contract, that she'd get The vehicle back and wouldn't return the cash that people had settled so far.  We required the contract but we didn't signal it.  Subsequently about the 29th of June, she arrived and got the car.  Is she officially permitted to do that once we never closed the written contract?  ASSIST!!!

[Maddox]

So long as the name was in her title, it was nevertheless her vehicle. You created an extremely foolish agreement. Chalk it-up to see, move ahead, and do not actually create that type of error again. Oh, yes, you can prosecute her in small-claims court and find out if you're able to persuade a judge to give you your cash back. But Iam not positive.  

[Clyde]

I view it having a distinct inclination--however, you still have to search hard and fast regarding waht your to change the repro have been in Arizona.   I observe possible framework when there is NO contract regarding payment conditions in position then there is NO  standard regarding conditions.  and Also The factthat you declined the written contract that was possibly officially an offer of conditions doesn't imply there have been conditions in position but more that there have been NO decided conditions however in position. Today her watch might be the published agreemen was simply a conclusion of the present dental offer including that you simply might perform the summay...now is the fact that accurate?

[Atsidi]

Iam not on information on guaranteed attention--but I believed it takes the  curiosity be precisely documented aswell.   which your rights being a guaranteed party don't mature till it's propely documented.   because framework in the event that you offer me your vehicle and also you provide me name and that I make some cost on same but there's yet to be always a sucured curiosity produced and also you  simply come get it back--it sure looks to me like "auto-theft" along with a quick authorities phone is suitable!   I doubt she adopted the repo guidelines!   you will want to continue as though it had been ROBBERY?

[Braleah]

rliston2:Well, we held the title and she was listed as

the lienholder.
OK.
That's a little different.
But I think the results are the same. rliston2:I was under the impression that if there was

no written agreement signed that she wasn't

allowed to do this.
I think that her being on the title is all the written agreement needed.
Arizona laws are a little confusing but I think the following one applies: 47-9609. Secured party's right to take possession after default A. After default, a secured party: 1. May take possession of the collateral; and 2. Without removal, may render equipment unusable and dispose of collateral on a debtor's premises under section 47-9610.
B. A secured party may proceed under subsection A of this section: 1. Pursuant to judicial process; or 2. Without judicial process, if it proceeds without breach of the peace.
C. If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party that is reasonably convenient to both parties.
I don't find anything that requires the loan agreement to be in writing. Oral contracts are just as enforceable as written contracts.
I think there are two simple elements: 1 - You were in default (according to her anyway).
2 - Her security interest was properly documented on the title.
You do have some post repossession rights: Certain notifications, right to redeem, penalties upon the secured seller for noncompliance with the statute, etc, that can all be found starting with ARS 47-9601: http://www.azleg.state...
     

[Casper]

Well, we held the title and she was listed as the lienholder.  Please forgive my ignorance here, but I was under the impression that if there was no written agreement signed that she wasn't allowed to do this.

[Oroitz]

OP published the vendor's title was about the name as loan holder. That's the correct saving of the guaranteed curiosity about a vehicle. When the vendor didn't precisely follow the repo regulations there will probably be civil penalties available. However itis not "robbery" and also the authorities won't probably have something related to it when the truth is exposed.