Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
If you have called the police and they aren't interested in helping, which they aren't all too often, then your only option is to pursue the matter through civil court.
Did you have a specific agreement as to how you were to be paid? In other words, a specific amount at a specific time?
i went to the court today and got the small claims paper work
Also, was the agreement in writing?
What is the $ value?
last sunday he came over to my house and we wrote out a bill of sale in there we stated each others info and that i was selling the car for 800 dollars.
there was no info as to how he was paying me
we did have two witnesses
then he took the car with him since i didn't have the title on me
What you may want to do is sue for a turnover order or, alternatively, a judgment.
A turnover order is where the judge tells him to give the car back to you.
i ended up having to get a new title since i lost mine and i gave him the title yesterday. we both signed it
You can have the judge order him to sign the title and give it back to you as well.
now here is another issue and i dont know if that would help. but after he signed the paper work he told me that it was in his sons name because they had the same name only his son is a JR.
You would need to sue them both then.
ok but the cops told me that he could turn this thing around and sue me or have me arrested for "stealing" the title because it is in my possesion
what do i do as far as that
If you handle it all through the court then there is nothing illegal happening.
ok. so he can't come back this weekend and call the cops on me?
I don't see how he could sue you and there aren't any criminal actions implicated by your facts.
well my concern is just the fact that the cop gave me
that he could call the cops on me for having the title which really is stealing
You said you gave him the title yesterday, correct?
yes, but Earl's ( the guy i sold the car to) friend took the title from him last night and brought me the title. he told me once earl told him what he was planning on doing he didn't wanna have any part in it and that he didn't want to see me get scammed
If someone else gave you the title after they took it from him then you really aren't implicated. Plus, if you file the lawsuit asking the court to award you the car it isn't an issue.
now i dont know if those two are trying to scam me together or if the friend is actually telling the truth but im just worried and want to do the right thing here.
Technically it was theft for the other person to take it but you can file it with the court and ask them to do whatever is necessary with it. It's called "depositing it into the registry of the court":
You would be better off just filing the lawsuit and letting the judge sort it out if the person hasn't paid you when they were supposed to.
file the title with the court?
so how soon can i file the lawsuit
Yes, in the lawsuit.
You can file it as soon as you like. The day after he missed a payment he was in default.
well he was supposed to bring by the money today and he hasn't yet so tomorrow i can file
Well, on Monday, that is correct.
ok. and if the cops show up at my door asking for the title? do i hand it to them?
Yes. That is unlikely but yes you would.
ok thats all i needed for now.
how does this website work
can i come back with questions
Yes. After you issue your positive rating, of course I'd suggest Excellent, the question will change formats and you can come back and ask follow ups even weeks later.
If you have a completely new question, not a follow up, you can ask for me by opening a new question and starting it with FOR DWAYNE B and I'll pick up as soon as I see it. I'm online almost every day for at least a few minutes.
Anything else I can answer for you before I exit to help others?
ok great thank you so much dwayne.
im maida by the way it was nice chatting with you
It was very nice chatting with you and you're very welcome. Please come back if you need anything else.
thats it for today i think. if i think of anything else i will be sure to contact you.
Best wishes to you and please don't forget to leave a Positive Rating so I get credit for my work.
will do thanks. bye
yea they told me it was a civil matter and if he has the bill of sale its basically his vehicle and i can't report it stolen. but i just don't even know where to start in looking for him as i was told that he is homeless. and he could also be out of the city.
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