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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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If you purchase a vehicle for cash money from a individual

Customer Question

If you purchase a vehicle for cash money from a individual and they give you the title and the vehicle and then turn around and have the law come and seize the title and the vehicle simply because he failed to sign the sellers signature line on back of the title is that legal? It's definitely unethical but according to the judge in the county I live in its not legal and I'm told to file in small claims court and I'm sure to win! Problem is I need the vehicle I bought for 1650 cash now not a judgement 30 Or 40 dats from now that this individual will never pay a dime on anyway! Is there anything I can do to regain my vehicle at this point? And it's more principle to me than money anyway!
Submitted: 1 month ago.
Category: Legal
Customer: replied 1 month ago.
On tip of that the cops also confiscated a vehicle from my property that was his but I'm also holding the title on but it's still in the previous sellers name and his name is ***** ***** the title and I'm still in possession of the title and he's got the vehicle, and they tried to confiscate a 3rd vehicle that I paid him 700 for and I'm in possession of the title on as well but decided not to come back for it like they said they were. In my opinion this deputy needs to make up his mind what's legal and what isn't because he's made some mistakes here big time! He takes one vehicle and title, one vehicle and leaves the title and says that there coming back to seize a 3rd vehicle and title and then never shows back up and I've called the SO 4 times since monday due to a death threat from this guy and There yet to send a officer out to my house to even make a report on it when what I needed was documentation in case it should come to my having to defend myself my family or my property from this lying theving fly by night criminal that just so happened to be evicted from his own mothers house for theft of a habitat for stealing her husband's guns and some other things the night before I went to see the judge because the constable that served the notice on him was sitting in the judges office a d was the source of my information on that subject!
Expert:  Lucy, Esq. replied 1 month ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm very sorry to hear that this happened.

Police should not have shown up and seized the vehicles when you have the titles, because that's essentially them finding you guilty without a trial. They could have questioned you. They could have told him to file a Small Claims suit against you (which is what they should have done), but it's an abuse of power to just show up and take the cars based on his word and nothing else. Most people don't have their titles lying around with the cars, so the fact that you have the titles is strong evidence that you paid. And there was no basis whatsoever for taking the car that didn't even have his name on it. Also, they needed a warrant to seize those items, and seized items aren't immediately returned - they would need to be held by the police until you went to trial.

Also, selling you a car, "forgetting" to sign the title, and then reporting it stolen is fraud. The judge shouldn't have told you to go to small claims.

You have the ability to file a Complaint against the guy who sold the car, as you were told. But you may also want to go to the police station and ask to talk to someone higher up the chain of command to file a complaint against the officer. INSIST that someone take a police report for fraud. You can't make them investigate it, but you can make them take a record. And if no one at the police station will do anything, you may want to alert the media to see if a reporter can investigate and help put some pressure on them to do the right thing. You may also want to talk to a local attorney about filing a civil rights violation lawsuit against the officer for seizing your property without a warrant and without giving you notice and an opportunity to be heard before giving it to someone else.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 1 month ago.

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