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Attempted to purchase a used car from a company that

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restores and deals with collectibles...
Attempted to purchase a used car from a company that restores and deals with collectibles. (this vehicle was not a collectible, was told that it was a family member's vehicle they were selling). They don't have a dealers license. Gave $5000 paid in full and car was never delivered, six weeks later I went to location, vehicle wouldn't start. Was never given title or any paperwork whatsoever.
My legal question: Payment was made by check drawn on an account in my father's name. (I give him the money so I can't spend it). All of the transactional details and point of contact was me- he had no participation in the deal. I intend on going to small claims immediately now that three months h he had no participation in the deal. I intend on going to small claims immediately now that three months have past - I would really prefer not to involve my father as a plaintiff in the action, but could this be dismissed if I don't?
Submitted: 1 year ago.Category: Legal
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1/18/2016
Lawyer: ScottyMacEsq, Attorney replied 1 year ago
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 17,269
Experience: Licensed Texas General Practice Attorney
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Thank you for using JustAnswer.

I'm sorry to hear about your situation. It probably wouldn't be dismissed so long as you could show your damages. That is, you don't have to show that it came from your account, but rather that it was you ultimately paying for the vehicle. Some sort of explanation would be good, and an affidavit from him stating that this is the case would be more than sufficient. He wasn't the contracting party. He was merely the direct source of the funds, and even then you were the source through him. So he's not a necessary party to the action. It needs to be explained, yes, but it won't be kicked out if he's not a party.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!

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Lawyer: ScottyMacEsq, Attorney replied 1 year ago

Did you have any other questions before you rate this answer?

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Lawyer: ScottyMacEsq, Attorney replied 1 year ago

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

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Lawyer: ScottyMacEsq, Attorney replied 1 year ago

Should I continue to await your response, or may I assist the other customers that are waiting?

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Lawyer: ScottyMacEsq, Attorney replied 1 year ago

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it 3 or more stars (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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Lawyer: ScottyMacEsq, Attorney replied 1 year ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

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Lawyer: ScottyMacEsq, Attorney replied 1 year ago

Hello? Was there anything else?

If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service as OK Service or higher. It's only then I am credited.

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