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I purchased a car from a lady in November I have a full bill…

I purchased a car from...
I purchased a car from a lady in November I have a full bill of sales written out she said that she had one more payment and then she would send me the title well it’s been over three months and she did not pay it off or send me the title so now I have to take her to small claims court. Please let me know what I can sue her for other than the title and small claim fees
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Answered in 1 minute by:
1/17/2018
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 37,292
Experience: 30 years experience representing clients.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

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Every contract to sell a car, unless otherwise specified, carries the implied warranty to convey the car with clear title. If the dealer has not done so then you can sue them for breach of contract.

You can sue for the return of what you paid for the car.

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Customer reply replied 3 months ago
It was not a dealer it was an individual and I don’t want my money back I want the title for the car plus I want to know if there’s anything else I can sue her for for making me wait over three months and not being able to drive the car.

Small claims court can only award money damages. They can award any damages you have incurred. Perhaps, in addition to the purchase price, you can be awarded for loss of use, as well.

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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
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I see you requested a new contributor. What state is this in regards ***** *****?

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Customer reply replied 3 months ago
Ohio

Thank you;

unfortunately your prior contributor was correct in that small claims only has jurisdiction over limited cases; this would include cases under $6,000, and cases that do not involve specific performance or injunctions (basically court orders requiring a party to do something specific, such as exchanging property/documents).

Please see:

https://www.supremecourt.ohio.gov/jcs/interpretersvcs/forms/english/5.pdf

However, a plaintiff may file in small claims and then request that the court transfer the case to the civil division of municipal or county court, as that court would have jurisdiction to issue an injunction requiring the defendant to produce the requested documents.

I certainly understand your frustration after waiting so long and if an injunction is sought, one may also request "reasonably foreseeable and proximately caused" damages from the breach of the contract (failure to provide said documents) which may include an award of attorney fees and loss of use/rental car damages.

The elements the plaintiff must prove are as follows:

1. Duty of care: The defendant owed a legal duty of care to the plaintiff.

2. Breach of that duty: A violation of a law or duty.

3. Causation: The breach caused harm (damages) to the Plaintiff.

4. Plaintiff suffered harm- generally economic.

The court will typically allow the plaintiff to sue for "reasonably foreseable" and "proximately caused" economic damages, so that would be the cost of repair-to repair it to the position it was in prior to the negligent act.

The plaintiff has a duty to mitigate damages so they must be reasonable damages and not excessive.

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Please also see:

General Division The general division of each county’s common pleas court has authority to hear all types of criminal cases and has exclusive jurisdiction over felonies, which are serious crimes that carry a potential penalty of from six months or more in a state prison to a penalty of death for aggravated murder. In civil matters, the common pleas court has exclusive jurisdiction in lawsuits seeking certain extraordinary remedies, such as injunctions and restraining orders. When money damages are sought, only common pleas courts may hear cases claiming more than $15,000 while civil cases seeking lesser amounts may also be heard in municipal or county court. In counties without county courts, the minimum amount that can be sought in common pleas court is $500. The common pleas court has no authority to hear appeals from lower trial courts, but it can hear appeals from administrative rulings made by government agencies. In lesser civil and criminal cases, the common pleas court shares the power to handle certain matters with other trial courts; that is, it has concurrent jurisdiction with municipal and county courts.

That information is here

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Customer reply replied 3 months ago
If I file the small claim when do I request that the court transfer the case to the civil division

At the hearing when the judge is reviewing the case and the party requests specific performance of the contract (versus monetary damages) the judge may transfer it; please see:

(bottom of page 2):
http://www.clermontclerk.org/forms/Small_Claims_Court__Citizen_Guide.pdf - that is applicable throughout the state but is a comprehensive guide (the dollar amount has not been updated on many of these guides)

Per 1925.10 this is at the court's discretion and is not mandatory:

http://codes.ohio.gov/orc/1925.10v1

however typically the court will wish to do justice so if they cannot offer a remedy it will typically be transferred to the appropriate forum.

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Here is a comprehensive guide:

http://ohiojudges.org/Document.ashx?DocGuid=932074c6-0f9b-42d9-9979-1864ad693f5b

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Statute vesting the muni court with jurisdiction :

1901.13 Powers of the court.

(A) In any action or proceeding of which a municipal court has jurisdiction, the court or any judge of the court has the power to do all of the following:

(1) Issue process, preserve order, punish contempts, summon and impanel jurors, refer matters to a referee, set aside a verdict, grant a new trial or motion in arrest of judgment, vacate or modify a judgment, suspend execution of sentence upon filing of notice of appeal, admit the defendant to bail, fix the amount of bond and approve the sureties, inquire into the financial responsibility of proposed sureties on all bonds in both civil and criminal actions or proceedings and, on the motion of any party or on its own motion, require security or additional surety, and to exercise any other powers that are necessary to give effect to the jurisdiction of the court and to enforce its judgments, orders, or decrees;

(2) Issue any necessary orders in any proceedings before and after judgment, for attachment or garnishment, arrest, aid of execution, trial of the right of property, revivor of judgment, and appointment of a receiver of personal property, for which authority is conferred upon the courts of common pleas or a judge of the court of common pleas;

(3) Hear and determine questions of exemptions upon application or action of any party to a pending cause;

(4) Control and distribute all property or the proceeds of property that are levied upon or seized by any legal process issuing from the court and that may come into the hands of its officers, and to order immediate sale of any property of a perishable nature that may come into the hands of an officer of the court upon any process issuing from the court. Any money realized from the sale of property of a perishable nature shall be deposited with the clerk until distributed by order of the court.

(B) Whenever an action or proceeding is properly brought in a municipal court within Cuyahoga county, the court has jurisdiction to determine, preserve, and enforce all rights involved in the action or proceeding, and to hear and determine all legal and equitable remedies necessary or proper for a complete determination of the rights of the parties.

also please see:

http://codes.ohio.gov/orc/1901.18v1

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