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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 115460
Experience:  Attorney experienced in commercial litigation.
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I have a situation were I bought a truck from a custom truck

Customer Question

I have a situation were I bought a truck from a custom truck shop near by. We agreed on a price for the truck and additional work on the truck and paid for the truck. I was to pay for the work when complete. It has been 9 months and barely any work has been done on the truck. The title is in my name and clear. He is now claiming I did not pay for the truck in full and the work was just him being nice. I went to pick up truck after confirming with the sherriffs department that it shouldnt be a problem and actually escorted me to the shop as the shop has had recent drug activity. When we arrived they said I cannot have my vehicle until I paid for it, which I already have. I asked what he had done to the truck since Oct and it was nothing more than $300 dollars worth work so I offered to pay him for work done and I will take the truck. They said I have no right to the truck even though the title is clean in my name. This does not seem legal to me. Help
JA: What state is this in? And how old is the truck?
Customer: Texas 1994 Chevy s10
JA: Has anything been officially filed? If so, what?
Customer: Not yet. I was told to go to the Justice of the peace, which I did and was told I have the right to take my truck and he can put a lein on it. I said thats fine I can take it to court. But the DA overruled him and said I could not and have to file small claims. which I will be doing this morning.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The guy I purchased the vehicle was never titled to the vehicle and is now facing time in prison very soon. i was wanting to get the truck out of his possession before he leaves because I am scared I will not be able to get it when he goes away. So I would rather him take me to court and than me have to take him to court, while he has my money and my legally owned truck.
Submitted: 8 days ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 6 days ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to get a court order for possession and you need to file suit against him for breach of contract, fraud, misrepresentation and also for "replevin" which is a court order to force him to surrender the vehicle. You should NOT wait for him to take you to court, he has the vehicle. You need to step up and take him to court and sue to get a court order of possession for your vehicle and a judgment in your favor of breach of contract against this criminal, who appears to also have committed theft by fraud and you can explore those charges with the DA as well.
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Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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