If you buy a car from a buy here pay here and the contract states that you may not permanently remove the car without written permission and you still maintain registration of said vehicle in that state but you are in another state working, isn't the burden of proof on the company to prove that you have permanently moved? They are threatening legal action if the car is not returned but the payments are up to date and the only issue is the car is not in the state at the moment. It is still registered there but not physically there. The new owner has not set up a permanent residence in any of the states in which he is working because there is a possibility he will go back to the original state therefore he is maintaining registration of the vehicle in that state.
I don't know what state you bought the car in, but my suggestion would be to seek out a legal clinic or law school to see if they conduct clinics. Second choice is to call your state bar and ask if they have an office for working people or lawyer referral. Look for an attorney that can handle a consumer issue re a car purchase. Tell them you don't have much money, could you pay what you can. If the attorney can't help you, ask them if they can refer you to someone. It seems to me this could be a relatively straightforward question to answer, but you need an attorney in your state to answer it for you.
HubPages is not the place for legal advice. You'll get all kinds of advice, but you need solid LEGAL advice as you have a binding contract which, if broken, could cause you to lose your car and place a bad mark on your credit. Good luck!!!
I realize that HubPages isn't for legal advice but there are many on here from differing backgrounds and I thought there would be someone who might be able to weigh in on it or provide a link. Thanks for the input, I'll keep it in mind and look for legal aid in the state in question.
I would appreciate any others to weigh in on this issue if you could it is URGENT that we get a direction to go in on this one.
I'm not a lawyer, so my advice is just a reflection on your situation, but... if you signed a contract that says you can't take it out of the state, you probably shouldn't take it out of the state.
I think you're wanting there to be an exceptions to the rule for "if this or that or the otherthing" then it's okay to ignore rule number one.
I doubt you'll get that.
The contract does not state that it can;t be taken out of state. It states you can not permanently remove it out of state as in move completely and register the car in a different state. The car is still registered in the state for which it is being bought and the address of the person buying it has not changed.
Laws, rules, regulations, instructions, document prepared keeping in view all these are to be complied with. If there is any exceptioon or exemption clause that should also be studied carefully. The best way is to place all cards before the competent authority and explain the genuineness of the difficulty and request the authority to pass an appropriate order keeping in view the law and facts of your case. Sometimes there is time limit within which a remedy may be sought and after expiration of the time there is provsion for seeking condonation of delay under the law and in accordance with law. The opinion may also be obtained from the company from whom the car was purchased. The very object of lawyer, advocate, attorney, agent is to guide you in the light of the law in force and their services are of great help, use and saving of time and inconvenience.
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