Possible consignment fraud???

[JohnFredC]

What is the name of your state? Florida

Four months ago I entered into an consignment agreement with a local automobile dealer to sell my car which has approximately $12,000 remaining on the note.

I continue to send the bank my monthly payments and have maintained insurance on the car.

Two months ago the dealer said the car was sold for the amount owed on the note at that time and that payment would be forthcoming. Two weeks ago I received a third-party check for that amount from the dealer, made out to the bank holding the note on the car. The bank has notified me that the 3rd-party check bounced.

I do not know who purchased the car. I do not know where the car is. Since the bank owns the title, I don't have a right to repossess, even if I could locate the vehicle. (Right?)

The dealer who signed the consignment agreement (an individual) nearly always answers the phone and always promises payment is forthcoming. But there have been many such promises. Yesterday he claimed to have had a heart attack, is in the hospital, and cannot act. But he still promised payment will be made "soon".

It's been 4 months since I last saw the car. My credit has been damaged. Am feeling totally helpless and powerless.

What can I do to retrieve the car? Is this a small claims court issue? Fraud?

[seniorjudge]

Yes, selling mortgaged property is fraud.

You should hire a criminal defense attorney soon in case you get charged.

[JohnFredC]

I am confused.

You are saying that I am at fault? What fraud did I perpetrate? Don't people frequently sell their cars and use the money to pay off the note owed on them?

At no time will I have possession of the money, which is to go directly to the bank.

You are scaring me here.