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My grandfather had his car reposed after defaulting on a title loan. In order to get his vehicle back he needed to pay 1400. I gave him the money with the following terms: he would authorize his back to send auto check to me monthy for repayment, I would posses the truck if he defaulted and I would get title. After I paid the money, I was notified that the amount paid only satisfied the outstanding amount and he still owed 800 against the original loan. Fast forward, my grandfather canceled his bank account preventing any checks be issued and gave some lame excuse about Ssi told him he would not get his benefits this month and would get two checks next month. Can I file a small claims case since I actually want possession of the truck. I know I won't see a dime from him otherwise. I also realize that since the title loan ppl have an interest in the vehicle I would probably have to satisfy that debt too prior to having the title cleared. I know asking the title people to refund my money and resuming their original repossession and intent to sel. Is out of the question right. Any advice would be helpful. We live in Texas, dallas county.
Hopefully you have a written agreement on the terms of the loan. You can take your grandfather to court, I would think that you have a canceled check or proof that you loaned him $1,400 so the court would probably rule a judgement in your favor. They can not award you the truck unless perhaps there is a written contract that would show his equity would transfer to you upon his default of the loan. You would then be responsible for paying off the balance owed to the other institution. I would make sure that you have a court order stating that you were awarded his equity, other wise you may have to go back to court to have them write an order allowing you to transfer the truck into your name. Go to court, get the order and then pay off the title loan company. Grandpa will be pissed and tell everyone that you stole his truck.
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Did you get this agreement in writing? If not it's his word angainst yours...But yes you can file in small claims.