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Richard, Attorney
Category: Business Law
Satisfied Customers: 55468
Experience:  32 years of experience practicing law and a businessman.
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Purchased car from seller (Neighbor) with transaction made

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Purchased car from seller (Neighbor) with transaction made with the register owner present. Seller then "dissappeared" without giving me the title. I started the process to register the car without a title and learned that the register owner was the girlfriend of the seller. Legal owner is the American Honda Finance corp. Immediately demanded compensation for the purchase from the seller. The seller has not made any contact. The father of the registered owner stated he would compensate me. The register owner (girlfriend)claims to have no knowledge of this transaction.

I would like either the vehicle in my name or compensation for the purchase.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good evening. You want to raise the stakes on your seller. You want them to realize that not complying with your demands is going to cost him far more in the end than simply giving you your refund or car title now. You should send him a certified, return receipt requested letter detailing the history and demanding that he cause title to be delivered to you or to refund your money in total within a short specified period of time. Inform him that if your demand is not timely complied with, you will have no choice but to file a suit against him 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 deceptive trade practice and fraud actions, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. A fraud judgment will also prevent him from obtaining credit in the future, will impact his job, and prevent him renting an apartment, among other things. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit.

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Customer: replied 4 years ago.

How do I file a suit?

Thanks for following up. If your claim is for $5,000 or less, then you can file this in small claims court without an attorney by completing a simple complaint form. Many states allow you to file the complaint can google "small claims court" and "the name of your county" and it will direct you to your small claim court website; it will let you know whether you can file online or must go to one of the small claims court buildings to file the form. Either way, you can download the form from the small claims court website. If the claim is larger, then you would need to file your suit in a state district court. For this you should use a will be allowed to recover your fees from the defendant. Under my terms of service with JustAnswer, I'm not allowed to make a specific recommendation, but I can give you direction. You would want to either contact the state bar association or your nearest law school for a referral. I prefer the latter because they take great pride in their graduates and will take a more personal interest in making sure your referral is a good one because it will be a reflection of the school.
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