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Private party sold me a car , then stold it back!

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LdiJ

Senior Member
I am going to recap this thread because we had to pull teeth to get the full story out of the OP.

The OP bought a car from his friend's father. He couldn't pay it in full and therefore the friend's father kept the title and allowed him to make payments. When he had fully paid off the car the friend's father decided he wanted another $1000.00 for the car. The OP refused to pay the additional $1000.00. The friend's father hired a repo company to physically repo the car.

Once again, the OP needs to take the friend's father to court. If the value of the car is low enough he may be able to do it in small claims court. I do not see the need for an attorney if he can do small claims court.
 

TigerD

Senior Member
Once again, the OP needs to take the friend's father to court. If the value of the car is low enough he may be able to do it in small claims court. I do not see the need for an attorney if he can do small claims court.
He is not going to get punitive damages in small claims court. Talk to a lawyer.
 

LdiJ

Senior Member
He is not going to get punitive damages in small claims court. Talk to a lawyer.
While that is true do you believe that the value of punitive damages would exceed the cost of taking it beyond small claims?
 

TigerD

Senior Member
While that is true do you believe that the value of punitive damages would exceed the cost of taking it beyond small claims?
I don't know the relevant facts. Neither does the OP. Hence the need for professional help. At least a consult.

But, if the facts are merit a punitive claim, then yes. Punitive damages will make it worth it.

TD
 

Cookcook

Active Member
I don't know the relevant facts. Neither does the OP. Hence the need for professional help. At least a consult.

But, if the facts are merit a punitive claim, then yes. Punitive damages will make it worth it.

TD
The private seller never filled out transfer paperwork like he said he did. So when i trived to tell police they told me it was a civil matter. When I tried contacting him after he took it , he then hung up on me and wont speak to me. I texted him I would take him to court and he replied with 'dont give a damn bout the law" . The only bill of sale he wrote he took back .All I have is witnesses who saw me make payments to him.
 

Zigner

Senior Member, Non-Attorney
however how professional can the repo company if they didnt require seeing a contract that states repossession consequences on it!
It was never "your car", so no contract would have been needed. Heck, he could have called the Auto Club and had it towed just as easily because it was HIS CAR. By the way, in California, the seller isn't responsible for doing the transfer of ownership. You have a civil matter and I'm not even seeing a reason for "punitive damages"...
 

Cookcook

Active Member
It was never "your car", so no contract would have been needed. Heck, he could have called the Auto Club and had it towed just as easily because it was HIS CAR. By the way, in California, the seller isn't responsible for doing the transfer of ownership. You have a civil matter and I'm not even seeing a reason for "punitive damages"...
But I paid him3700 for nothing! And all I have is witnessess who saw me. And at dmv they said the seller is the one whom has 5 days to fill out transfer of liability form
 

Cookcook

Active Member
It was never "your car", so no contract would have been needed. Heck, he could have called the Auto Club and had it towed just as easily because it was HIS CAR. By the way, in California, the seller isn't responsible for doing the transfer of ownership. You have a civil matter and I'm not even seeing a reason for "punitive damages"...
But I paid him3700 for nothing! And all I have is witnessess who saw me. And at dmv they said the seller is the one whom has 5 days to fill out transfer of liability form
What do you think the judge will do
 

Zigner

Senior Member, Non-Attorney
But I paid him3700 for nothing! And all I have is witnessess who saw me. And at dmv they said the seller is the one whom has 5 days to fill out transfer of liability form
The release of liability only notifies the DMV that the vehicle has been transferred. It does not actually transfer the vehicle. Here is the DMV page with information on it. Please note the part that says: Reporting the sale or transfer of a vehicle or vessel to the DMV does not constitute a transfer of ownership. The record is not permanently transferred out of your name until the DMV receives a completed application for transfer of ownership and payment of appropriate fees from the new owner.

https://www.dmv.ca.gov/portal/dmv/detail/online/nrl/welcome
 

Cookcook

Active Member
The release of liability only notifies the DMV that the vehicle has been transferred. It does not actually transfer the vehicle. Here is the DMV page with information on it. Please note the part that says: Reporting the sale or transfer of a vehicle or vessel to the DMV does not constitute a transfer of ownership. The record is not permanently transferred out of your name until the DMV receives a completed application for transfer of ownership and payment of appropriate fees from the new owner.

https://www.dmv.ca.gov/portal/dmv/detail/online/nrl/welcome
He did niether
 

Zigner

Senior Member, Non-Attorney
He did niether
Huh? Neither implies that there is more than one thing that needs to be done.
You didn't even get the title for the car...

Look, talking about it here any more isn't really going to help. Sue the guy in small claims court, or don't. This is not a matter for punitive damages, and I'm not even sure why it was mentioned above.
 

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