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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34960
Experience:  16 yrs. of trial experience
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Can I file civil suit agains someone who transfered a

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Can I file civil suit agains someone who transfered a vehicle with a lien attached?
I paid for a Utility work truck over the coarse of about 10 weeks from a friend and he bought it from someone else that got it from the original owner. During the time paying for it spent about $1800 on it and $600 for it, once paid for I got the signed title but it signed by original owner. I went to DMV to register it I was informed it had a state tax lien on it. Apparently the original owner knew of it and still transferred ownership to an ex employee. I have contacted original owner a couple times to see if he had a release of lien and no response so stopped into State Taxation and Revenue and they could confirm. What can I do?
JA: What state is this in? And how old is the car?
Customer: New Mexico and it a 1986
JA: Has anything been filed or reported?
Customer: Not that I know of, can you elaborate
JA: Anything else you want the lawyer to know before I connect you?
Customer: no

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

I want to make sure I understand, so far you are $2400 into this? And you can not get clear title? DO you know how much the lien amount is?

Customer: replied 2 months ago.
Taxation and Revenue would not give me that info, I was told from another around 40k

Thanks
And you are $2400 into this, is that correct?

Customer: replied 2 months ago.
that is correct.

Thanks
YOu can sue. What you describe, this is a great case for small claims court.

Small claims is a true "peoples court". The formal rules of evidence and procedure do not apply. So you can represent yourself (no need to hire a lawyer).

The process is simple enough. You head to the county court (the county where the seller lives) and talk to the clerk of the court. They can get you the forms needed to start. You file the claim, serve a copy on the defendant and wait for your day in court.

In court, be prepared to tell the judge what happened, and bring in copies of any evidence that supports your case. IF there are witnesses who can testify about what happened? Have them come as well.

You can sue for the $2400 you have spent as well as the cost to file the court case.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 2 months ago.
That's what was needed, Bought this to fix up to do Mechanical Contracting out of and then had to spend more to get another. Not real happy about situation but its life. Thank you for the answer.

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

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