QUESTION
What can I do to ensure that she doesn't get in trouble, and to get her money back, if possible?
Asked on Dec 13th, 2012 on Personal Injury - New York
More details to this question:
My girlfriend bought a car from a man I don't believe owns it so we can't get the title. The title was signed over to him by a woman's power of attorney and he never got the title in his name. Instead, he tried to put white-out on the title where his name was, and put hers in instead (obviously voiding the title). The woman has been dead half a decade, thus her power of attorney dispelled. So the vehicle belongs to the executor of her estate, technically. She wants her money back, but the man won't answer or return our calls.
8 ANSWERS
Sue him in small claims court for return of your money.
Answered on Dec 19th, 2012 at 1:08 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sue him in the Judge Judy (small claims) court.
Answered on Dec 18th, 2012 at 3:55 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Your girlfriend could do a couple of things. Since the owner has been dead for 6 years, it is probable that the estate is closed and the care belonged to him, he just didn't bother to have the title changed. In that case, she should probably sue him in small claims court. Of course, if he doesn't have any money, it may not do much good. If the estate is still active, she should go to the personal representative and find out the status of the car. Perhaps the personal representative would be willing to sign the car over to her.
Answered on Dec 17th, 2012 at 11:53 AM
Ronald A. Steinberg
Go to the police. It sounds like criminal fraud.
Answered on Dec 17th, 2012 at 11:52 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Take this to the police or local prosecutor, a thief cannot transfer title. The "seller" might not pay attention to you, but he will pay attention to them.
Answered on Dec 17th, 2012 at 11:52 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You should probably call the police and try to press criminal charges against the seller. It could be obtaining goods by false pretenses. I also think there is a specific statute making it a crime to sell a car without transferring title within a certain time. If the police will not bring criminal charges, you can sue the man in small claims court. You may also check the probate court where the lady died to see if her estate was ever probated. If it was, the Personal Representative of the Estate should transfer title to the appropriate person (perhaps the man who sold it to you). If the estate was never probated, you could file probate papers yourself (sometimes creditors of a deceased person File for probate if the heirs will not so that the creditor can file a claim against the estate).
Answered on Dec 17th, 2012 at 8:33 AM
Criminal Defense Attorney serving Englewood Cliffs, NJ
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Savyon Grant, Esq. & Associates
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It's not his to sell. That is receiving stolen property.
Answered on Dec 17th, 2012 at 8:33 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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File a complaint in Small Claims Court, ASAP
Answered on Dec 17th, 2012 at 8:33 AM