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I live in Richmond,VA. Bought a car on ebay from an individual…

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I live in Richmond,VA. Bought...
I live in Richmond,VA. Bought a car on ebay from an individual in Maryland and have the car but the seller refused to give me the title. Sued him in a VA court,he never showed up but i won the case. Need advice on how to enforce the collection of the money owed to me
Submitted: 6 years ago.Category: Consumer Protection Law
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3/2/2012
Consumer Protection Lawyer: Alex J. Esq., Attorney at Law replied 6 years ago
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Consumer Protection Law
Satisfied Customers: 16,971
Experience: Experienced Licensed Attorney
Verified
Hello. My name is Alex and I will be happy to answer your question.

Are you able to use this car?

What are the reasons the seller refused to sign over a title to you?

What is this seller's position?
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Customer reply replied 6 years ago

Hi, I am able to use the car.

The seller doesnt have any credible reason for refusing to give me the title other than the fact that after having picked up the car,gone home and then a day later asking him for the title he didnt comply, i repeatedly asked him to send me the title over a period of 2 months and he still didnt. Having no other options i then gave him negative feedback on ebay for failing to give me the title and that pissed him off and he said he wasnt going to give me the title until i removed the negative feedback that i gave him. I refused to do so as that was my last one and only option and i couldnt trust that he would even if i did.

The seller is very difficult to deal with, he wont back down AT ALL!

Consumer Protection Lawyer: Alex J. Esq., Attorney at Law replied 6 years ago
Thank you follow up.

What is the value of this vehicle?
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Customer reply replied 6 years ago

the value of the car is $600 (that's the amount i bought it for on ebay)

i sued for $1200 because i had go thru a lot of hassles and do things to the car in an attempt to be able to use it but to no avail (a 1990 honda accord)

Consumer Protection Lawyer: Alex J. Esq., Attorney at Law replied 6 years ago
Thank you for your follow up.

Did you ask in your complaint in the small court for the judge to order a title to be issued for this vehicle in your name?
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Customer reply replied 6 years ago

i was never told that i could, the only advice that i was given regarding this situation at the DMV (department of motor vehicle) here in Virginia was that it was impossible to obtain a title and so the only option is to sue the individual for money and just forget about the car. (forget about the car is really what they implied,they didnt actually say it)

They said that in order for them to issue a virginia title for the car they must have the original title from whichever state the car came from,no other way.

So to answer your question no,i never included the title request from the judge. I just sued him for money only and that's what i am interested in at this point. I dont really care for the title. I need to know how i can get the money.

Consumer Protection Lawyer: Alex J. Esq., Attorney at Law replied 6 years ago
Thank you for your follow up.

Unfortunately, before you can collect on this judgment anywhere outside of Virginia state, you will need to to domesticate this Virginia state in the court of the state where you want to collect on it, by going to court before the judge and asking that state court to recognize this out of state judgment and to declare it valid, lets say in Maryland.

After that you would need to locate this sellers employment/bank accounts/real estate/ cars/ etc...and either file for a writ of garnishment with the court where the bank account is located so the court can order the judgment amount to be frozen and taken out of the sellers account or you would need to file with the court for liens against the cars/real estate.

Unfortunately this is not a very simple procedure and you might end up spending more money attempting to pursue collection on this judgment than the judgment amount is.

That is why many judgments, especially from the small claims court are never collected on before they expire.

If you are satisfied with my answer, I would appreciate if you would click on the accept button.

Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.

Bonus and positive feedback are always greatly appreciated
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Customer reply replied 6 years ago

thanks for the answer, i am still trying to understand what you said in the first paragraph, i live in virginia and the seller of the car lives in maryland,are you saying that i now have to go to maryland and start the whole court procedure all over again?

Consumer Protection Lawyer: Alex J. Esq., Attorney at Law replied 6 years ago
Thank you for your follow up.

Article IV, Section I of the U.S. Constitution, commonly referred to as the Full Faith and Credit Clause, states “full faith and credit ought to be given in each state to the public acts, records, and judicial proceedings, of every other state…” In practice, this clause means, among other things, that all states must honor judgments issued by other states.

Domesticating a judgment in another state is pretty much come down to filling out a form and filing it with the court and also sending a copy of this form to the judgment debtor and the judgment debtor will have a chance to contest the validity of the judgment, but not the substantive part of the claim, but simply procedural part which deals with the court process of obtaining a judgment.


If you are satisfied with my answer, I would appreciate if you would click on the accept button.

Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.

Bonus and positive feedback are always greatly appreciated
Ask Your Own Consumer Protection Law Question
Consumer Protection Lawyer: Alex J. Esq., Attorney at Law replied 6 years ago
Do you have any related follow up questions or do you need for me to further explain my answer to you?
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