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Good evening. You have recourse against the seller and you should raise the stakes in pursuing that recourse. You should send the seller a certified, return receipt requested letter demanding that seller either deliver you clean title with no lien or refund your money in total (including the cost of all repairs you made) within a short specified period of time. Inform the seller that if your demand is not timely complied with, you will have no choice but to file a suit for your damages. Be sure to specifically mention that you will be filing this claim not only as a breach of contract
case, but also as a deceptive trade practice
action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages
. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Once the suit is filed and a judgment awarded, you become a judgment creditor
, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet the judgment creditor in court and answer questions under oath about the losing party's assets. After that information is obtained, the judgment creditor has the power to garnish wages, attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property to satisfy the judgment.
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