[yaslysmen]

I sold my car on craigslist for $7,900.. kbb $8500 so good deal for this car. Anyway, the buyer writes me two checks , one for $7500 and the other for $400. He only had the $7500 available and told me to wait to cash the $400 check till Monday.. he bought on a Friday. Originally the buyer bought the car for his girlfriend. I deposited the bigger check the day he gave it to me and he took the car. I still have a loan on the car so I told him, I would send payment to HSBC and when I get the title, I will forward it to you. I signed a paper saying that I had sold the car to him for the full amount and title would transfer once payment cleared. Well Fast forward to Sunday night, Im at work and my brother calls me to say the car is parked outside. I get in contact with the guy and he says he talked to his cousin who is a lawyer and he said we don't have a valid contract and the exchange is not valid. He says the car is fine, he only drove it home and then back to my house. He said their was no problem he just wanted to formally complete a contract so I agree to meet him on Monday and he tells me not to cash the checks. I told him I cashed one but it wouldn't clear till wed. He asked why it would clear and I told him that's just what the bank told me... he said OK. We agree to meet at his bank on Monday. Once we do he starts to tell me that he and his girlfriend broke up and that he has no use for the car and doesn't want to be stuck with it. He apologizes for wasting my time and he says the $7500 will bounce. He offers to pay the bounce check fees and gives me $60 and the keys to the car. I am pissed but have no choice but to say okay because he canceled the check . I know I was stupid for accepting the personal check and now know better and will never make this mistake again. Anyway, then I get home and his girlfriend calls me and asks what's going on because she just realized the car is gone. I told her he said they broke up. She says that's not true at all and that he is telling her that I sold them a piece of crap and that's why he returned it. So he told us both different stories. I drove the car for the last three years and its not a piece of crap. Its an 06 eclipse in great condition. I took it to carmax and they wrote me an appraisal showing that the framework, engine and transmission were all in great condition. So at this point , I still have the $400 check that he wrote me, how much trouble would I be in for cashing it and keeping the money , assuming he didn't put a stop payment on it because my understanding is that he just emptied his checking account so the payment wouldn't clear and when it bounced he put the money back in his account. They took the car for the entire weekend and feel like I should be compensated for the time they drove it around.

[JudyKayTee]

So sue him in Small Claims Court.

There is a lot of unnecessary detail here. When you file, stick to the facts.

Let the Court sort out who is right and who is wrong. And, yes, if you cash the deposit check for the car that you now have, expect to be arrested.

I would have no further conversation with any of the parties - the only person whose statements matter are the person who "bought" the car.