• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

car purchased with lien on it

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

SaturnGuy

Junior Member
What is the name of your state (only U.S. law)? Minnesota

I just found this site by accident and thought maybe someone might provide insight into something I overlooked. My case is as follows:

One year ago I purchased a car on Craigslist that was in need of serious repair for $300. It was represented by a guy claiming to be the husband of a lady who owned the car. I now suspect he was just a boyfriend. When I bought the car, I found out she lost the title and just needed to get a duplicate title. I took her at her word and agreed to buy the car with a bill of sale filled out. Figured she could get the duplicate title in the time it took me to fix the car. I fixed the car at my expense and still no title. I was given the run around that the lady was busy working long hours and never had time. Long story short, I came to find out there was an active lien on the car, I found out who the lien holder was despite her telling me the lien wasn't in her name and the lien holder was someone else. The DMV slipped up and gave me the actual lien holder when I presented them with the lien holder she gave me. I called them and found out the loan was in collections. Lady still insisted she knew nothing about the lien.

Finally got sick of it and filed for small claims court. Had first appearance in August 2015. She was a no show. She had the case reopened on the day before the deadline for having the judgement transcribed from August. Court again in December 2015 and she showed up. Now she gave me yet another lien holder, might be the same umbrella company, but I can't find anything online. She told me the title loan was taken out by her ex-husband without her knowledge. I was dumb enough to give it a couple more months with promises that we would go to the Attorney General's office to see if the title loan in the first place was legal since it wasn't her who took the loan out. She also claimed the original loan was for 1200 and now owes more than 4k on it. The loan may qualify as too high of interest which the Attorney General could also help with. Lady has not moved one inch toward resolving this.

My next court date is in two weeks. I'm going to ask for compensation for my investment, time and labor, and lost wages (from attending court 3 times). I bought the car for 300, put 1200 into fixing it, 50 to 60 hours of labor and now the car is worth 2500 as a low mileage clean car. The judge had suggested that the lady could also ask the lien holder to take some other form of collateral as well as suggested filing suit against the ex. I have all communications (texts only, she wouldn't answer my calls) and original Craigslist post, receipts, bill of sale, before and after pics. I know what she did is illegal to sell a car with a lien, so the law is on my side. Any suggestions on pursuing this that gets this done faster, angles I should look at, or things I should consider? Any advice would be appreciated.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Minnesota

I just found this site by accident and thought maybe someone might provide insight into something I overlooked. My case is as follows:

One year ago I purchased a car on Craigslist that was in need of serious repair for $300. It was represented by a guy claiming to be the husband of a lady who owned the car. I now suspect he was just a boyfriend. When I bought the car, I found out she lost the title and just needed to get a duplicate title. I took her at her word and agreed to buy the car with a bill of sale filled out. Figured she could get the duplicate title in the time it took me to fix the car. I fixed the car at my expense and still no title. I was given the run around that the lady was busy working long hours and never had time. Long story short, I came to find out there was an active lien on the car, I found out who the lien holder was despite her telling me the lien wasn't in her name and the lien holder was someone else. The DMV slipped up and gave me the actual lien holder when I presented them with the lien holder she gave me. I called them and found out the loan was in collections. Lady still insisted she knew nothing about the lien.

Finally got sick of it and filed for small claims court. Had first appearance in August 2015. She was a no show. She had the case reopened on the day before the deadline for having the judgement transcribed from August. Court again in December 2015 and she showed up. Now she gave me yet another lien holder, might be the same umbrella company, but I can't find anything online. She told me the title loan was taken out by her ex-husband without her knowledge. I was dumb enough to give it a couple more months with promises that we would go to the Attorney General's office to see if the title loan in the first place was legal since it wasn't her who took the loan out. She also claimed the original loan was for 1200 and now owes more than 4k on it. The loan may qualify as too high of interest which the Attorney General could also help with. Lady has not moved one inch toward resolving this.

My next court date is in two weeks. I'm going to ask for compensation for my investment, time and labor, and lost wages (from attending court 3 times). I bought the car for 300, put 1200 into fixing it, 50 to 60 hours of labor and now the car is worth 2500 as a low mileage clean car. The judge had suggested that the lady could also ask the lien holder to take some other form of collateral as well as suggested filing suit against the ex. I have all communications (texts only, she wouldn't answer my calls) and original Craigslist post, receipts, bill of sale, before and after pics. I know what she did is illegal to sell a car with a lien, so the law is on my side. Any suggestions on pursuing this that gets this done faster, angles I should look at, or things I should consider? Any advice would be appreciated.
You aren't going to get your time for court paid. You likely aren't going to get your own labor paid. You may be able to recover the cost of the parts and, once you return the car, your original $300.
 

SaturnGuy

Junior Member
When she didn't show up for court the first time, the judge awarded me my asking value of 2000 for the car. Had the lady not reopened the case, I would have been awarded my labor then. If I don't get my lost wages back, I won't mind, at this point in time, I am just adding what costs I can to show that she has cost me time, money and grief. That proof of loss I feel is valuable enough to include all losses at this point. Even if I only get the 1500 and nothing else, it is better than a car taking up space in my driveway that I can't use. Another thought is to include even though I doubt I will get it is compensation for storing the car. Car towing companies charge 35 dollars a day to store a car, surely I can ask that per month until she repays what she owes. Incentive not to let it sit too long.
 

SaturnGuy

Junior Member
I do not have an order, she reopened the case as I already mentioned. I am well aware that the lien holder can repossess the car, and I won't stop them. I still have my interest in it though and will pursue it through court. If I were a licensed mechanic or tow company, I would have means of taking possession of the car by sending a bill to the lien holder and owner for payment due, or forfeiture of the title for payment due. I'm looking for advice that is useful like that. To my knowledge, there is no civilian means to do this though. I repaired a car and am due my services, otherwise the car would be still worthless, that has to count for something. Does anyone know a civilian angle to send payment due on services, however like a mechanic, I don't have a work order signed. She knew I was going to repair it though.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top