Legal Question in Credit and Debt Law in Pennsylvania

I purchased a minivan from someone in 2014 who never provided me the van after payment. We made an agreement on refunding the money and he still hasn't given anything back. There were no contracts signed only verbal through phone and messaging. It is 2016 and I have tried to take him to small claims court three times which failed due to inaccurate addresses. What can I do now? What is my next step?


Asked on 1/30/16, 3:35 am

2 Answers from Attorneys

You did not handle this properly. You do not buy vehicles from anyone without a bill of sale and without going to the motor vehicle department to change the title.

You have to sue him in the county where he resides. I don't know why your efforts at small claims court failed but its time you got a lawyer involved. If he truly cannot be found, then he can be served by publication but this will require court involvement.

You gave this guy money. Do you have anything in writing evidencing the payment? A receipt? Copy of a money order? If not, then how do you plan on proving that you gave him any money as payment?

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Answered on 2/01/16, 3:47 am
Matthew Nahrgang Nahrgang & Associates, P.C.

I think you may have a criminal complaint for theft by deception. I suggest contacting the D.A.'s office and they will probably provide you with a complaint to fill out. The difficulty will be the same issue you had in trying to sue, locating him. I respectfully disagree with Ms. Hunter that publication will work at this point as PA law only allows service for civil process in that matter when you know their whereabouts and they are avoiding service.

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Answered on 2/01/16, 11:34 am


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