View Full Version : Car dealer not giving me the title after paying the amount
vampu
Dec 3, 2008, 08:59 PM
Hi,I have purchased a car HYUNDAI and even after giving the complete payment, some with cash and also with check, but even after 3 months the dealer has not given me the title.I have complained with the DMV and surrendered the car to the Jersey city police and came to know that the dealer has not paid his vendor the amount for the car, and the vendor complained that he car is stolen, and this happened with more than 30 cars and the Jersey City police arrested the dealer and he came out on bail. Now as I have paid the complete amount for the car, I have to get back the car or the money, so I need help.:mad:
Fr_Chuck
Dec 3, 2008, 09:05 PM
Well you have to sue the dealer for the money, if he has it, you may get it, if he does not have it, you may just be out of your money.
this8384
Dec 4, 2008, 03:51 PM
Something's not quite right about this. I'm still trying to figure out what logical reason you had for giving the police your car... that's the very first time I've ever heard of the police getting involved in something like that. Usually the DMV will fine the dealer and/or revoke his license; I've never heard of someone being arrested for it.
Justice Matters
Dec 15, 2008, 10:32 PM
If you are going to sue in the small claims court then it will likely have to be a money claim only since small claims courts generally do not have the powers necessary to order a title transfer from one person to another.
vampu
Apr 2, 2009, 06:10 AM
I have filed a case in small claims court against the car dealer, and he did not respond and ultimately I won the case, but it seams the court doesn't help me to get the money, will I have to search the car dealer myself or take the police help to nab him ?
this8384
Apr 2, 2009, 06:19 AM
I have filed a case in small claims court aganist the car dealer, and he didnot respond and ultimately I won the case, but it seams the court doesnt help me to get the money, will I have to search the car dealer myself or take the police help to nab him ?
The police don't help you "nab" anything. You were awarded a judgment in court; the dealer isn't going to be arrested, if that's your impression.
Did you file the suit against the dealership or just the individual who sold you the car?
vampu
Apr 2, 2009, 06:36 AM
Dealerhip as well as individual, but the dealership is closed and individual is absconding,
this8384
Apr 2, 2009, 06:47 AM
Winning the judgment is the easy part; collecting is when it gets tough. You need to find out where he banks or is employed.
vampu
Apr 2, 2009, 07:00 AM
How can I get his personal information, when I am not able to find the dealer himself ?
this8384
Apr 2, 2009, 07:05 AM
You can hire a private investigator. Has the dealer moved since the hearing?
vampu
Apr 2, 2009, 07:07 AM
I don't know if he has moved, but his dealership is no longer there.
this8384
Apr 2, 2009, 07:10 AM
So you had him served at the dealership, rather than at his residence? Are you absolutely positive that you sued him individually and not just the business? If you sued only the business, you can't go after his personal assets.
vampu
Apr 2, 2009, 01:01 PM
I sued him individually.
Fr_Chuck
Apr 2, 2009, 01:13 PM
Is the car dealer ship owned by him as an individual or was it a corporation. But if he did not own the car, you will not be getting the car back, if he files bankruptcy you may not even get the money back either.
But at this point, you sue either him or the corporation and if you win you try and collect the money.
vampu
Apr 14, 2009, 11:31 AM
I went to the court to collect the default judgement papers, but the court said that I have to prove that the offender is not in deffence services :(
this8384
Apr 14, 2009, 11:35 AM
I think you're seriously confusing your legal terms. You don't "collect" default judgment papers. The court mails you the paperwork which states you were awarded a default judgment.
What do you mean by "defense services"? Did you ask for clarification of the term?
vampu
Apr 14, 2009, 12:08 PM
I mean that the offender is not in military services.
this8384
Apr 14, 2009, 12:18 PM
This whole thread is going downhill...
You should have been asked this before even being able to file the paperwork for a small claims suit. You don't get to file, get awarded a default judgment, and then the courts ask if the defendant is on active duty - it doesn't work like that.
vampu
Apr 14, 2009, 12:41 PM
What should I do now.
this8384
Apr 14, 2009, 12:47 PM
You should figure out what the real story is and post it, so that we can actually help you. So far, everything you've posted here is completely incorrect as to how the courts operate.
vampu
Apr 14, 2009, 12:55 PM
Let me clarify, I filed a suit against the car dealer and he did not attend the court summons, so by default I won the case, and when I have contacted the court through phone, they(court staff) said I can collect the default judgement, but when I arrived to collect the default judgement papers, they asked me to collect the proof from the military departments, saying the offender is not in active service.
this8384
Apr 14, 2009, 01:17 PM
Again, that's not the way it works. In NJ, you cannot receive a default judgment unless you can prove the defendant is not a member of the military on active duty. That's where the hole in your story is.
You do not have any judgment awarded to you at this point, because you haven't done the things required.
vampu
Apr 14, 2009, 01:23 PM
OK
vampu
Jun 19, 2009, 12:53 PM
I have proved that the defendant is not the member of the military service and the court has ordered a default judgement against him, now I need to collect the money from him.
vampu
Jun 19, 2009, 01:04 PM
Please let me know the procedure to collect the money from the defendant.
this8384
Jun 19, 2009, 02:10 PM
please let me know the procedure to collect the money from the defendant.
Find out where he works and file for garnishment of wages.