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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

Originally Posted by vampu

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.