Help with Money Dispute

[ccahuber]

I live in Grass Valley, California. In may of 2003, My girlfriend accompanied me to the Roseville automall to purchase a vehicle. I purchased the vehicle but I had to give the dealership a $500 downpayment. I had no checks on me so my girlfriend, Krystyl, wrote a $500 check for me. The next morning I desposited the money into her account. Several days later the dealer wanted more money down that I could not afford so I returned the car. It took the dealership several weeks to refund me my downpayment of $500. The problem is, the $500 check was sent back to Krystyls Mom's house in Angels Camp because that is the address on her checks. Several months have passed now and her mother will not give me my $500 back. Krystyl's mothers name is on her daughters account so she can cash checks that are written out to Krystyl. Krystyl has repeatedly asked her mother for the money but her mother keeps telling us excuses that she doesn't either have time or what not. Today Krystyl went to her mothers house ( which is 2 1/2 hours a way in Calaveris county) and her mother still will not give Krystyl my money back. We don't know if she actaully has the check or if shes cashed it and spent it. What should I do in this situation? The check was sent out in May and it is now August. Please help! I need my money!

-Christopher C. Huber

 

[I AM ALWAYS LIABLE]

I live in Grass Valley, California. In may of 2003, My girlfriend accompanied me to the Roseville automall to purchase a vehicle. I purchased the vehicle but I had to give the dealership a $500 downpayment. I had no checks on me so my girlfriend, Krystyl, wrote a $500 check for me. The next morning I desposited the money into her account. Several days later the dealer wanted more money down that I could not afford so I returned the car. It took the dealership several weeks to refund me my downpayment of $500. The problem is, the $500 check was sent back to Krystyls Mom's house in Angels Camp because that is the address on her checks. Several months have passed now and her mother will not give me my $500 back. Krystyl's mothers name is on her daughters account so she can cash checks that are written out to Krystyl. Krystyl has repeatedly asked her mother for the money but her mother keeps telling us excuses that she doesn't either have time or what not. Today Krystyl went to her mothers house ( which is 2 1/2 hours a way in Calaveris county) and her mother still will not give Krystyl my money back. We don't know if she actaully has the check or if shes cashed it and spent it. What should I do in this situation? The check was sent out in May and it is now August. Please help! I need my money!

-Christopher C. Huber

My response:

Oh, you're not going to like this one, little bit.

You and Krystyl's mother are NOT in "privity of contract". Therefore, you have NO cause of action against her mother. But, you and Krystyl ARE in "privity of contract".

Therefore, as distasteful as this is going to sound, in order to get your money back, you're going to have to sue Krystyl, and then in the same court case, she's going to have to sue her mother because, you see, Krystyl IS in "privity of contract" with her mother due to the bank account. Also, she undoubtedly signed Krystyl's name to the dealership check.

She's also going to need to get a copy of the May and June bank statements to see, if in fact, the $500.00 was deposited into the account, and ALSO, you're going to need to contact the dealership to get a copy of their cashed check - - to see who endorsed it. With the cashed check, if her mother signed the check, mother dearest may also be on the hook for Civil Fraud, and perhaps Criminal Fraud. You might be able to use that as the "grease that the wheel needs to turn"; i.e., to get her mother to think twice about what she's done, and to pay you back directly.

So, explain this to Krystyl and why you're doing this. Tell her it's merely a "legal formality" in order to get your money back.

Good luck.

IAAL