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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 2879
Experience:  30 years of experience
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I purchased a car about 3 years ago from a dealership, which

Customer Question

Good morning,
I purchased a car about 3 years ago from a dealership, which I paid in full cash. Apparently, one of the owner's of the dealership who sold me the car, had a lien on the car still. I never received the title, which he promised I would receive. Recently, they repossessed the vehicle, but prior to that I took Wells Fargo (the lien holder) to small claims court in hopes of getting some where with them. The judge told me it's not Wells Fargo fault and that it was the dealership's fraud. I was advised by the judge to personally sue the owner of the dealership and charge him with fraud (the dealership has been closed for some time now so there is no bond company either). Based off of Facebook, i know the owner of the dealership currently resides in Miami, Florida. I have his full name and his social security #, but I believe that if I sue him he wont show up to court.
My question is: can I sue him for fraud, and how much will it cost me?
Thank you very much.
Please contact me at***@******.***
cell(###) ###-####
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Gerald-Esquire replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Yes, you can sue. You can suee in either the state that the transaction occurred in or where the defendant lives. Depending on the amount at issue you may be able to sue in small claims court. The small claims court amount that you can sue for is different in the different states.

In Florida it is $5,000.00. If you sue in Small claims court the costs will be a few hundred dollars for filing and service fees. The clerk of the court can tell you exactly how much, because it can differ by County. Here are some resources that can help explain the process:

http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/small-claims.stml

If the amount involved is more than the small claim limit you will need to sue in the trial court for the state. This is more expensive, and more complicated. You likely will need an attorney to assist you with that. The cost for that will vary depending on the rate the attorney will charge, but you can expect to pay several thousand dollars for that.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Expert:  Gerald-Esquire replied 1 year ago.
Hello:
One other point. If he does not appear in response to a properly filed and served summons and complaint (lawsuit) you may be able to obtain a default judgment.
Good luck.
Kind regards,
Gerald