Missing car and money!

[AMDGamer]

What is the name of your state? Michigan

I sold a car to a guy in ND who came all the way to MI to pick it up. He got here, took the car for a test drive and said he loved the car and that he wanted it. I pulled out the necessary paperwork and he signed everything, the title and the bill of sale, which stated "AS-IS, with no warranty of any kind." Well his dad had to write me a check for the car and I accepted it. The guy was driving the car back home and it broke down about 2 hours away from my house. I told the guy everything that I knew was wrong with the car, and I told him what I had replaced on the car just for the sale. When he drove it away from my house, it was a good car. So the guy calls me up and tells me that I have to come and get the car that it is sitting on the freeway and that his dad is putting a "stop payment" on the check. I told him to bring the car back to my house, and the deal would be over and done with. About an hour later he calls me and tells me that he couldnt find a towing service that would tow the car back to my house. Well the next day I go down to where the car is suppose to be and its not there! So first thing I do is call all the surrounding cities and ask if it was impounded, it wasnt. So I guess my problem is, what do I do now? I'm assuming that he has my car, the title is in his son's name, and I am out of my cash for the car. Please Help! Thank you in advance for all the replies.

 

[I AM ALWAYS LIABLE]

What is the name of your state? Michigan

I sold a car to a guy in ND who came all the way to MI to pick it up. He got here, took the car for a test drive and said he loved the car and that he wanted it. I pulled out the necessary paperwork and he signed everything, the title and the bill of sale, which stated "AS-IS, with no warranty of any kind." Well his dad had to write me a check for the car and I accepted it. The guy was driving the car back home and it broke down about 2 hours away from my house. I told the guy everything that I knew was wrong with the car, and I told him what I had replaced on the car just for the sale. When he drove it away from my house, it was a good car. So the guy calls me up and tells me that I have to come and get the car that it is sitting on the freeway and that his dad is putting a "stop payment" on the check. I told him to bring the car back to my house, and the deal would be over and done with. About an hour later he calls me and tells me that he couldnt find a towing service that would tow the car back to my house. Well the next day I go down to where the car is suppose to be and its not there! So first thing I do is call all the surrounding cities and ask if it was impounded, it wasnt. So I guess my problem is, what do I do now? I'm assuming that he has my car, the title is in his son's name, and I am out of my cash for the car. Please Help! Thank you in advance for all the replies.

My response:

"Please help" with what?

"Please help" is not a legal question.

IAAL

 

[AMDGamer]

Sorry, what I meant was, do you have any advice for me on how I would go about getting my money for the car?

 

[I AM ALWAYS LIABLE]

Sorry, what I meant was, do you have any advice for me on how I would go about getting my money for the car?

My response:

Nothing. You screwed yourself. It would cost you more money in legal fees than the entire deal. Do you know what a vehicle title really is? Well, let me tell you - - it's a "negotiable instrument". When you signed your title, you agreed to the statement written above your signature that said, "By signing this Title, you relinquish all right, ownership, and title to the aforesaid vehicle." That means, with the bum check, you gave away your car. PERIOD. It's over.

That is, unless you don't mind spending dollars to go after pennies.

IAAL

 

[AMDGamer]

What do you think my chances would be if I were to take him to small claims court?

 

[I AM ALWAYS LIABLE]

What do you think my chances would be if I were to take him to small claims court?

My response:

Let's see . . . hmmmmm.

You're in Michigan, and he's in North Dakota . . . hmmmmm . . . let me see . . .

Where would you file? Research "In Personam Jurisdiction" (Minimum Contacts). Then, when you fully understand that concept, reach into your pocket and, if only moths come flying out, then I'd say your "chances" are zip, zilch, and zero.

IAAL

 

[Dotiecom]

Dont let the issue of how far away he lives get the best of you. I am in a similar situation and there is hope. Save all paperwork you have. Cancelled check and etc. Keep a log of information, then when all fails:

You can take them to small claims court. There is a limit though. Some states are $3,500 - $5,000. FInd out what the limit is on their state. The internet can tell you.

Hopefully you have their address. You need to sue them in the county of which they live. You can file court papers with them by calling their court house. They will mail you the paperwork and you will have to pay a filing fee. Mine was $79. Mail everything back to them. They will then get papers served and will have 10 days to respond. They will give their response to the court. 4-6 weeks later there will be a court date. You dont have to be present, you can hire a local attorney in their county.

I will be asking for the amount owed to me plus my attorney and filing fees.

This was my situation I am going through as we speak. There is hope, they feel safe cause they are states away. Good luck.

 

[jpritchett81]

My response:

Nothing. You screwed yourself. It would cost you more money in legal fees than the entire deal. Do you know what a vehicle title really is? Well, let me tell you - - it's a "negotiable instrument". When you signed your title, you agreed to the statement written above your signature that said, "By signing this Title, you relinquish all right, ownership, and title to the aforesaid vehicle." That means, with the bum check, you gave away your car. PERIOD. It's over.

That is, unless you don't mind spending dollars to go after pennies.

IAAL

All BS aside.....how do you sell a car without getting screwed?? Like from OP's scenerio......what could he/she have done differently to prevent this. Im seriously wondering

 

[divgradcurl]

what could he/she have done differently to prevent this.

1. Asked for cash.
2. Waited for the check to clear BEFORE signing over the title.
3. Use an escrow service to hold the title until the check cleared.

It's not rocket science -- you just need to make sure that you have cash in hand before handing over the title.

 

[I AM ALWAYS LIABLE]

1. Asked for cash.
2. Waited for the check to clear BEFORE signing over the title.
3. Use an escrow service to hold the title until the check cleared.

My response:

4. Bank Certified Cashier's Check.

5. Gold ingots or coins.

6. Negotiable Bonds.

7. First born male child held until check clears.

There are many more ways to guarantee payment. Our original writer just got greedy and a bit slap happy.

IAAL

 

[jpritchett81]

Oh ok.........thanks divgradcurl and IAAL. I was wondering about a way where both parties are protected which is #3, 4, and 6. LOL at #7

That was really messed up how OP was done though. But like they say: what goes around, comes around...Karma's a b**ch!!!