Have Legal Questions? Ask a Lawyer Now.
Hi, my name is XXXXX XXXXX I will be glad to assist you in any way I can,
What do you mean by a "phony bill of sale" ?
I purchased the motorcycle in June..The bill of sale was a hand written bill of sale dated march 2013.In other words the bill of sale appeared to be what would be called open.This guy bought the bike from John Doe and John scribbled a vin # XXXXX left out the names and price.This avoids taxes and paying the fees to properly register this.It was on ebay and there is no protection as the bike is vintage1973..none through paypal either
You stated that the seller turned out too be a used car dealer. In that case, he needs a license in order to operate his business. So, the best place to look for help is by filing a Complaint with the New York State Attorney General's Office. The first link is for consumer complaints and the one below it is the Frauds division of that office so you can take your pick:
New York Attorney General - Complaints - http://www.ag.ny.gov/complaint-formsNew York AttorneyGeneral - Fraud - http://www.ag.ny.gov/bureau/consumer-frauds-bureau
Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,
If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,
Thank you for allowing me the opportunity to assist you,
The dealer investigation unit said because he did not write a bill of sale from his business they could do nothing..The business is under a corporation I was told. He told me he owned Sayville Auto Body when I did a google the location was Sayville Auto Body and Used car Sales on the signage..motorcycle was shipped from that business location.Anyway I am in the process with Suffolk County DA who forwarded everything to NY City Broadway location which concerns me as I am thinking it will be a similar situation like the dealer unit.Sorry buddy type of thing,go away..If the DA fails to help then its small claims correct?And sue him not the business but as he represented himself as an individual..One more question here..If this ends up in small claims.I think I need the repairs done,not just estimates as I would need some actual financial proof,checks,recipts etc,not just estimates..correct or no..at this point I have done no repairs as I don't know the outcome
To be on the safe side, when you fill out the Complaint form for Small Claims Court, name him individually and the corporation if he operates in the form of a corporation. After his name as an individual, if he operates under a business name, write it like this,
XXXXX XXXXX d/b/a Sayville Auto Body and Used Car Sales
So, you will have all bases covered.
You do not need to have the work already done, You can go to Court with 3 estimates and tell the Judge you don't have the money to have this work done and you did not think it would need any work the way the seller advertised it.
You should also report him to eBay because eBay doesn't want people like him scamming the public because then it ruins eBay's reputation,
In Calif we can either sue the person or the business..I am thinking I am going to have to do the work as far as County Clerk dig out the Corp and try to tie his name to it..Isthis possible for me to do....The dealer unit did not want the hassle..in my opinion lazy..anyway thanks for the input on this..Its been the worst case of fraud I've dealt with and I have made alot of transactions in my 56 years..Steven
You are welcome,
You can sue more than one party in a single action, so you do not have to put all your eggs in one basket. Please do not forget to leave a positive rating, that is the only way I can get credit for assisting you,
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).