QUESTION
Should the police get involved or this is a simple civil suit case?
Asked on Oct 06th, 2012 on Criminal Law - Massachusetts
More details to this question:
My mother is buying a car from a friend at work for $1000. My mother has already given the woman the money but she has yet to produce the car.
18 ANSWERS
Likely both, because it is criminal fraud.
Answered on Jun 27th, 2013 at 12:10 AM
Thomas Edward Gates
A small claims matter.
Answered on Jun 27th, 2013 at 12:07 AM
Dennis P. Mikko
From what you have said, this could be both a criminal matter and a civil matter. If the friend took the money under false pretenses, this could be a crime. Your mother also has a civil suit to recover her money if the car is not produced.
Answered on Oct 10th, 2012 at 12:34 AM
Both report to police and sue for damages.
Answered on Oct 09th, 2012 at 8:27 PM
I would report it to the police. it is a theft. You can also ask the criminal court for restitution. If you choose to go the civil route, you will sue for conversion and/or specific performance if she wants the car. Depending on the facts of the case, you could also make a claim for punitive damages against the defendant in the civil case.
Answered on Oct 09th, 2012 at 5:17 PM
James Edward Smith
Yes, after a reasonable wait, because that is obtaining money under false pretenses.
Answered on Oct 09th, 2012 at 5:16 PM
Ronald A. Steinberg
That is criminal fraud. Of course, she should contact the police.
Answered on Oct 08th, 2012 at 7:28 PM
3 Awards
After 30 days with multiple requests for the car, I would call police. Only have to wait until after she supposed to produce it and did not.
Answered on Oct 08th, 2012 at 7:11 PM
Michael Paul Vollandt
Right now it appears to be a civil but if the lady does not produce the car in the next couple of days call the police.
Answered on Oct 08th, 2012 at 7:09 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If you have proof of payment (cancelled check, receipt, bill of sale, etc.) then you can file a police report. Taking your money and not giving you the car as agreed can be considered a criminal offense. Your mother can also file a small claims complaint for the $1,000 she gave her friend and ask for her money back.
Answered on Oct 08th, 2012 at 7:09 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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There might be some kind of fraud here but I don't think the police will care too much. They don't think this sort of thing is a crime.
Answered on Oct 08th, 2012 at 2:58 PM
Your mother should either sue or report the matter to the local police after she informs the alleged car seller of her intent.
Answered on Oct 08th, 2012 at 2:57 PM
Michael J. Breczinski
Depends on how long she has had to produce the car. The longer the delay the more it seems like you should go to the police.
Answered on Oct 08th, 2012 at 1:30 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Civil suit. Small claims. She doesn't need a lawyer, just fill out the paperwork. Maybe she could say to this co-worker "Do I have to file this?"
Answered on Oct 08th, 2012 at 1:28 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes you should call the police and start a civil small claim suit to get the money back.
Answered on Oct 08th, 2012 at 1:28 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Small claims court is the place for this dispute. Contact the local courthouse.
Answered on Oct 08th, 2012 at 1:27 PM
This is a contract situation and you would file a claim in civil court.
Answered on Oct 08th, 2012 at 1:27 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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No, that is a civil matter and since it's under $5,000, your mom could sue in small claims court and not need an attorney.
Answered on Oct 08th, 2012 at 1:27 PM