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Car Illegally repo'd

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I live in Michigan. I have a brief question for whoever wants to help.

I was purchasing a vehicle from my father. I paid it all, then 8 months after the last payment, he gets mad and takes it back. It was in his name, however, I have documentation to prove every payment I made, in addition, repair bills, and even better, an e-mail from March stating that all the payments were made. I know I can sue, and I know it has be be General Civil due to the amount, but I'm wondering, what paperwork needs to be filed and what type of info is the judge going to be looking for. I normally would get a lawyer, but the non-vehicle thing has me kinda strapped for money, hitching rides with friends and family. I sent a letter less than a month after he took it saying I was going to need it back with a signed title, otherwise I would sue. What do ya know, no response.

I do know now he has sold it, and fudged the title to look like a low amount.

Can somone please help? Or is this way too detailed and specific.

I've read some of the stuff you men, (and women) help people with, I'm kind of amazed. So really I don't think this should be too bad.

Thanks everyone
 


seniorjudge

Senior Member
I was purchasing a vehicle from my father. I paid it all, then 8 months after the last payment, he gets mad and takes it back.

You may certainly try to get your money or the vehicle, but a judge could very well say that all these payments were gifts.
 
Ok...I have a question then, because I definately see your point. In the e-mail that says it's paid, it also says soon, we'll put the blazer in my name. Does that change it, or no?

Thanks again.
 

tranquility

Senior Member
There are problems. The statute of frauds is one (assuming the car is worth over $500), what the agreement was is another, that it is still listed as father as the owner is yet another.

I think you need to sue for the value of the car for conversion and/or breach of contract. Bring in anything you have to prove you had an agreement and lived up to the agreement. The e-mail, cancelled checks, a copy of the letters you've sent certified with return receipt requested demanding the car, everything. Go to the library and get a nolo press book. It will take you through the steps.

You have a legitimate issue for the court to review. You have little to lose from suing if your father won't even discuss the matter with you. I don't know if you'll win, I do think you have a chance even if you go pro per.

But, you've got to get a guide. Buy it at the bookstore or check it out at the library. If you come to a bump, that is where the forum can come in handy. It's not that useful to use as a guide, but as a guidepost.
 
Hello. I thought I would update. I spoke in length and detail with an attorney today. I layed out my entire situation. He explained I have a very strong case, only problem, obviously, would be collecting. As I'm sure it is in most situations. This brings me to my next question. I just want a little corroboration here. My father, is on a General Motors Disability Pension, is it possible to garnish that? Also, if not, is it possible to do a periodic checking account garnishment? I know this seems like a lot, I'm just a little concerned now. I'm going to end up suing him for about $25,000 in lost wages and property and the vehicle. No emotional stress or anything like that. I'm a guy, to me that stuff is hard for me to swallow. lol <------just my OPINION. Please, don't discuss how that kinda stuff is ok and all that, it is for some people and not for me. I do believe it's a good thing to be able to sue for though. :D

So in suing him for the $25,000, coming time to collect maybe 15-20,000, he has some other assets too. His car, also some collectors coins, (maybe 75-100,000 dollars worth) and som other stuff of the like. What is the procedure for collecting? Can I go after that stuff? How much of it? What will I likely be able to get?

You people are beautiful for this help.

Thanks again, and have a blessed day.
 

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