Legal Question in Consumer Law in California

After receiving car in lieu of pmt of laon, seller takes car back

I helped a friend, loaned him a total of @ 23K. His car was at my house. He could not reapay the loan so he gave me the car instead. He wrote on the bill of sale, ''I ... give to--name removed--...a 99 Covette...for a loan of @23,000, paid in full.I also got the key and paperwork he had from DMV when he registered the car, which was not completed yet.After his truck needed repair and GMAC was trying to repo it, he sent a tow truck to my house to get the corvette. I was home, so it didn't get taken. He then showed up with a Sheriff Deputy who insisted that I give him the key and let him take the vehicle, for which I had purchased a top meanwhile.

I said, ok give me back my money. The Deputy said that's a civil matter, did not want to see the bill of sale. Said I had to return it because I had not registered it to my name yet and ordered me to give him the key, which I did.Said it's a cicvil matter and I have to sue. Since Ihad possession,shouldn't it be the reverse. Did the Deputy have the right to do what he did. I have never gotten my money. Was all that legal? What can I do Thanks--name removed--


Asked on 8/06/06, 8:44 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: After receiving car in lieu of pmt of laon, seller takes car back

Well, the Sheriff's Deputy really had now business getting involved if you had a signed pink slip or bill of sale. But that doesn't really matter because you don't have the car or the money. If you want to get your money or the car, you'll have to get an attorney and file a lawsuit.

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Answered on 8/06/06, 8:50 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: After receiving car in lieu of pmt of laon, seller takes car back

It's time to file a lawsuit. You will can contact me from my website at www.best.law.pro

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Answered on 8/07/06, 9:14 pm


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