how can I get my truck back

I sold a truck on payments with a signed contract to a friend he has stopped making payments to me. I went to his last known address to find out he does not live there, and his phone is disconnected. I looked up his mothers number and called her to get a new address or number, she refused to tell me anything. I was wondering since the truck is still in my name if I could report it stolen. If not, how can I take him to small claims if I don't have a address for him.

Check all friends and family and if need be have a private detective locate him.

You can take the truck and/or sue in small claims --when you find him.

[themom51]

I just went through (almost) the exact same thing you described. My name remained on the title as the lien holder. When the woman I sold my vehicle to quit her job and disappeared out of state, it took me 2 years to find the vehicle and I immediately repossessed it. It cost me a lot of money (including using a PI) to find it and make enough repairs on it to get it back to my house. I tried to sell it again, but didn't get one single bite. I filed a small claims lawsuit against her in the state where she now lives (Idaho) which is almost 400 miles from my house. My hearing was yesterday and this is what happened: The judge dismissed my case with prejudice. He said that since I got the vehicle back but didn't sell it and apply the proceeds to the amount owed on the contract, I wasn't entitled to anything more. I could either keep the vehicle and call it even or I could sell it in a "commercially reasonable manner" (he kept saying "auction") and sue her for the deficiency. Or I could sue her on the Promissory Note (but he would not explain that to me). Or she could sue me for taking the vehicle back after she paid me some of the money if she felt it was "personal enrichment". It was sold to her for $4500. So, after spending over $3000 dollars to locate, repossess and repair the vehicle, it is only worth about $1000 and she only paid me about $1200.

So, if I were you, I would invest in a consultation with a Consumer Law attorney before you proceed because you can add the legal fees to the amount you sue for.